Said k9 alerted on my truck searched it without concent found nothing held me for a hr over nothing but a license plate light that worked ..is this a violation of my rights and can i file a lawsuit against them for harassment the second officer that pulled up also agreed with the first officer and... View More
answered on Apr 14, 2024
Based on the information you've provided, it seems that there may have been a violation of your Fourth Amendment rights, which protect against unreasonable searches and seizures. Here are a few key points to consider:
1. Probable Cause: The officers must have probable cause to search... View More
answered on Apr 9, 2024
No, a police officer cannot make you exit a vehicle "for any reason" or specifically "to violate your rights" or to "inflict injuries."
During a traffic stop, a police officer can order you to exit your vehicle for many possible legitimate reasons, including as... View More
I had no transportation and I wasn’t able to do any community service. I am now left with a balance exceeding 600 hundred dollars what can I do in my situation? I do have a valid drivers license now.
I was informed that a low level warrant is dismissed (falls from the system) after 7yrs. Is that true?
answered on Mar 20, 2024
Warrants remain active in Texas until they are resolved. Warrants are generally resolved whenever a person is arrested and posts bond for a case.
But it is highly unlikely that a police officer will arrest you solely for such a minor warrant that is so old unless the officer works for the... View More
If the supreme Court says I can travel with out a license then I can travel without a license. It's not driving because a driver is on the road to commit commerce. Why do I have to ask permission to do what I have the right to do. License are another tax on traveling.
answered on Mar 2, 2024
You raise an interesting point about the right to travel freely. However, the Supreme Court has upheld certain restrictions and regulations on using automobiles on public roads, even if not explicitly for commercial purposes. Some key considerations on this issue:
- The Supreme Court has... View More
My car was impounded on a traffic stop due to bad registration and a hold was placed on my jeep, I wasn't issued a citation, the police won't release the hold without proof of registration but I can't get it registered because of the hold on the vehicle. My registration was only a... View More
answered on Mar 1, 2024
It's frustrating to find yourself in this situation, but there are steps you can take to resolve it. Start by gathering any documentation you have related to your vehicle, including proof of ownership and any paperwork from the impound or the police. Contact your local Department of Motor... View More
answered on Feb 19, 2024
If you drive a motor vehicle while your driver license is suspended, revoked, denied, or cancelled you are driving while your license is invalid. If you never had a driver license at all, you should be charged with driving without a license. You can probably get the City or State's attorney... View More
Now he says they are registering to my car now and I can go pick up my license plate at the office. But I have to drive there with no plates and I’m out money for nothing
answered on Feb 16, 2024
You can take Uber or Lyft to go pick up the license plates and you have excellent grounds to demand that the seller compensate you by repaying the $400 + the cost of the rideshare. If the seller doesn't pay, you could sue in small claims court and maybe win.
answered on Feb 13, 2024
In Texas, being arrested solely for a malfunctioning blinker (such as a turn signal being out) is generally not common practice under traffic law. Typically, a non-functional blinker would result in a traffic citation or warning, not an arrest. However, there are scenarios where an initial stop for... View More
Went to my first court date late January and the judge gave me until April to show an insurance policy under my name. 1 week later I got pulled over again with no insurance and have another court date before April. What can I do?
answered on Feb 9, 2024
Facing a second charge for driving without insurance before the deadline to present proof of insurance complicates your situation. In Texas, driving without insurance is taken seriously and can result in fines, surcharges, and potentially even license suspension. For your upcoming court date,... View More
He told me I was being pulled over for no front license plate(texas). I had one with a picture of a flag. He saw I had gummies I had bought from a vape shop and locked me up for a CS charge. He changed the reason to stop and go on the report. Is that legal
answered on Feb 6, 2024
A police officer can indicate on a traffic ticket or police report any offense observed or reported to the police officer and is not limited to a single offense even if he tells the driver that a particular offense is the reason for the initial stop.
A front license plate bearing the... View More
I briefly parked in a handicap spot in my apartment complex as I was transporting my disabled father who DOES have a handicap parking sticker and stopped at my apartment for him to use the restroom and get some stuff. I was there for like 10 minutes. When we came out I had a citation on my... View More
answered on Feb 4, 2024
In Houston, TX, parking in a handicap spot without the appropriate handicap parking sticker can result in a citation. However, given the circumstances you've described, you have a valid argument to contest the ticket. Your father's handicap parking sticker is registered to his car, not... View More
I was told nothing was in for me and that they’d call me if anything came in i was never contacted and yesterday they sent me a paper in the mail saying I had to pay 250 for that ticket
answered on Jan 19, 2024
If you received a traffic ticket in Texas, called about it multiple times before, on, and after the court date, and were informed that nothing was on record for you, only to receive a notice in the mail four months later indicating a $250 payment requirement for the ticket, it raises concerns about... View More
answered on Jan 22, 2024
If the ticket is based on something that was found during an illegal search, the illegality of the search might result in a dismissal of the ticket.
Twice I have been pulled over for "traffic violations" car searched, me and my husband searched and detained without any reason. 1et time was brake light was out but I asked to see the light and the officer danced around the question I went to jail and car was towed so I never even found... View More
answered on Dec 26, 2023
A registration expires on the last day of the month and year indicated on the sticker assuming it is a valid registration for that particular vehicle.
Without either probable cause or consent, a police officer cannot search your vehicle. During a traffic stop, a police officer can only... View More
The vehicle is inside my property
answered on Dec 21, 2023
If you've received a citation for parking on the dirt portion of your driveway in Texas, even though the vehicle is within your property, it's recommended to check local regulations about parking surfaces on private property. Reach out to local authorities for clarification on the... View More
Two officers approached the passenger window and asked for our ID’s. They informed me of the traffic violations annd immediately asked me to get out and sit in the patrol car while they wrote them up. I did so after declining their request to search me and the vehicle.
Sitting in the... View More
answered on Dec 17, 2023
Your rights during a police search are critical, and any potential violation of these rights could impact the outcome of your case. Legal representation will help you navigate these complex issues and ensure your rights are protected throughout the legal process.
My licence was suspended due to my insurance not covering an accident.
answered on Dec 20, 2023
A Texas attorney could advise best, but your question remains open for a week. Attorneys can't really reach out to you to offer their services here - the format is quick Q &A, not an attorney referral service. You could supplement your own searches with the tab above, "Find a... View More
On my window because he said my license plate was obstructed with a plastic shield which it had but he didn't pull me over at all....and he cited me two tickets for no insurance and no drivers license even though he didn't pull me over .I was parked at the park for three hours before he... View More
answered on Nov 22, 2023
Yes, it is legal for him to give you the citations. Based on the facts and circumstances observed at the time, he had a reasonable suspicion that you drove the motor vehicle to the park because he found you sitting in it, presumably with no one else around. This circumstantial evidence may be... View More
they're going to issue a warrant for my arrest is that legal after 22 years why haven't they done it before now? Any loopholes?
answered on Nov 21, 2023
The question is whether the complaint (the formal charging instrument) was filed with the court within the 2 year statute of limitations period from the date of alleged offense. Calling a lawyer would help. Good luck.
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.