Legal Question in Traffic Law in Texas
Expired Insurance Card
My wife was pulled over for ''speeding'' When the cop asked for current ins card she gave him an expired one not realizing it was exp. The cop asked her if she had a valid ins (which we do) and can not show proof of current documentation that he has the right to arrest her on the spot! Now he also said it was for the Houston city limits,Harris Co and Fort Bend Co areas. Cop told her this is a new for 2008 traffic law. He let her off w/a warning for both speeding and no current ins card. Is this right?
1 Answer from Attorneys
Re: Expired Insurance Card
First, she got a warning only, so not a problem.
Secondly, most infractions are 'arrestable' but as a practical matter, arrests are not made, but citations and promises to appear are issued. That becomes public policy, and then if a person is arrested, it is selective enforcement, which is illegal.
Several cities in Texas have begun enforcing 'no insurance' by having the vehicles impounded on the spot. Others are arresting violators. Whether it withstands court scrutiny remains to be seen.
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