Legal Question in Traffic Law in Texas

I was driving a customer's car in the line of duty, bringing the car in for repairs and got stopped for an expired inspection sticker. After keeping me waiting for about 1/2 hour in the hot sun with no a/c, the officer returned to the car and told me that there was a "hick-up" in the system, and he was unable to issue me a citation at that time. He told me to sign something, which he then did not give me a copy of, and told me to call the judge the next day. He gave me a citation number hand-written on an envelope with the usual forms about defensive driving, etc...but no citation. I asked the officer when the court date was, and he said there was NO COURT DATE...just call the judge. Upon calling the judge's office the next day, the clerk told me that I would have to call the police dept. and speak to the lieutenant on duty, get a citation and then call back and she would connect me to the judge's voice mail. I went silent. after a few seconds, she wanted to know if I wanted her to connect me to the judge's voice mail now, and I told her no, I was going to speak with an attorney. I feel that my rights have been violated.

Am I responsible for the expired sticker?

Do they have a valid complaint, even though no citation was issued on location?

Can they force me to obtain a citation?

Asked on 8/08/13, 4:28 am

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

1) You are responsible for the condition of any car you drive. Your complaint about that should be taken up with the owner. This is a non-moving violation so it would not affect your insurance.

2) Does not sound like you have a citation if you were not given one. Chances are the cop will not follow through with it.

3) You committed a "crime" of driving the vehicle without proper inspection so if they want to mail you a citation, then they can do that.

What "rights" were violated? You were committing the offense of driving a vehicle without proper inspection.

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Answered on 8/23/13, 8:03 am

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