San Antonio, TX asked in Traffic Tickets for Texas

Q: Traffic stop

Quick question i was stop by police this morning. He got to the window and ask me for my driver's license and registration, didn't gave me the motive why he stop me , i ask him politely what was the motive he stop me and he refused to tell me until i gave him what he ask i kept saying that for about three more time until he told me to get of the car i refused at the end i gave them my id and registration.... i wanted to know if its legal to ask for identification before giving the motive of the stop.. he gave me a ticket for speeding.. "i live in texas

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1 Lawyer Answer
Gary D. Peak
Gary D. Peak
  • Traffic Tickets Lawyer
  • Eastland, TX
  • Licensed in Texas

A: You were not arrested and did not give false information so this shouldn't apply. But, officer's often threaten to arrest for failure to identify. Whether a crime or not, right or wrong, you should give your id if you want to make 100% sure the cop doesn't decide to arrest, your car gets towed, you have to spend money on an attorney, etc., even if you get off in the end. You can beat the wrap, but can't beat the ride, as they say. But, that is up to you. You would be within your right, to not id, unless and until, you are under arrest.

Sec. 38.02. FAILURE TO IDENTIFY. (a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.

(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:

(1) lawfully arrested the person;

(2) lawfully detained the person; or

(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.

(c) Except as provided by Subsections (d) and (e), an offense under this section is:

(1) a Class C misdemeanor if the offense is committed under Subsection (a); or

(2) a Class B misdemeanor if the offense is committed under Subsection (b).

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