Burnet, TX asked in Criminal Law, Federal Crimes and Civil Rights for Texas

Q: Can you be put under arrest for no insurance in a regular traffic stop?

I got stopped cop says he smells marijuana and I deny and deny he ask to search vehicle I don’t give consent, he then comes and tells me I have no insurance on vehicle then says I don’t care about the insurance man just tell me how much bud you have in here.. I say there’s no bud I don’t smoke marijuana so then he continues an say I smell pot an ask me to step out of vehicle and he keeps asking to search my car I respectfully deny consent and he kept asking like 4 more times before backup arrived then asks again an I respectfully deny deny deny consent.. so he then tells the other officer to put handcuffs on me and as they did so he tells me IM GOIN IN YOUR CAR and I say that’s not right man I gave u no consent and u put me under arrest for nothing so after goin in my car they find an old pipe with residue and I go to jail.. what advice can u give me on this because I feel My court appointed attorney is not making any effort an not on my side an before the reset! shes tlkn 4yrs probAti

2 Lawyer Answers
Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Yes, you can be arrested for no insurance on a traffic stop. I don't know the totality of the state's evidence, but if you don't trust your attorney, go hire another one. Good luck.

Kiele Linroth Pace agrees with this answer

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: You can be arrested for ALMOST any offense (except speeding) and then searched subsequent to arrest. See Atwater v. Lago Vista

https://en.wikipedia.org/wiki/Atwater_v._City_of_Lago_Vista

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.