Lubbock, TX asked in Criminal Law and Traffic Tickets for Texas

Q: Can I be pulled over for reversing 40 ft in texas.

I reversed down my road about 40 feet, instead of turning around. There were no pedestrians or any other vehicles on the road at the time. It's not a single lane road. I reversed the put it in drive where I made it to my friend's house to pick him up for work and I had taken keys out of ignition and fully gotten out of my car before the officer even turned on his lights. (My friend lives in a trailer park.).I put noone in danger and wasn't even going fast nor was I being reckless. Then after the officer coming to me said he smelt weed and asked if I smoked and I said yes earlier but not in my car . He then searched my car against my wishes and I didn't give consent. He found narcotics and arrested me and I was taken to jail without ever being read my Miranda rights until the NEXT MORNING! and the arrest happened around 2pm. This whole situation seems un lawful.

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2 Lawyer Answers
John Cucci Jr.
John Cucci Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Houston, TX

A: There might be a violation of your Civil rights and it could be seen as an unlawful detention, and search.

But you did admit to breaking the law and driving after you smoked weed. That is enough to stop you and arrest you. It feels bad because it is weak. But I have done hundreds of hearings on your type of arrest, and it is hard to win your case, when you admitted to driving after consuming weed.

Sorry for the bad news.

Good Luck!

1 user found this answer helpful

Maurice Mandel II
Maurice Mandel II
  • Traffic Tickets Lawyer
  • Newport Beach, CA

A: A PO asked you if you had broken the law and you answered "YES"/ Sorry to say, being under the influence of pot is not a defense to admission of a crime on a detention questioning. They don't have to Mirandize you until they arrest you. You apparently knew about Miranda before the PO asked the question, what was there about "You have the RIGHT to remain silent" that you did not understand? What about "Everything you say can and will be held against you in a Court of Law"? The fact that they did not Mirandize you until the next morning is only relevant if you were answering questions during that time. This case arises under traffic ticket law and criminal law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.

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