Burnet, TX asked in Criminal Law, Federal Crimes, Civil Rights and Cannabis & Marijuana Law 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

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