Legal Question in Traffic Law in Texas

My wife left the church parking lot 2 miles from our home at 8:30pm and did not notice that the automatic lights did not come on to activate the headlights of our vehicle. She was pulled over a mile away from our home for Duty To Display Lights. This was the only thing that she did wrong was not have the headlights turned on. The office order her out of the vehicle as soon as he approached and arrested her. The charges were 1. Duty to Display Lights and 2. Reckless driving. The officer told her he was taking her to jail for not having her lights on. How in the world is this legal? Yes she is guilty of not having her lights on but how does that alone rise to a second charge? Is this not double jeopardy? She spent the night in jail and the magistrate called it even for the Duty to Display Lights but she still faces the Reckless charge and I do not understand how you can be charged twice for the same offense.


Asked on 1/06/12, 4:09 pm

2 Answer from Attorneys
Ken Gober (Austin TX) Lee, Gober & Reyna

I am a criminal defense lawyer, I also represent people who have been wrongfully arrested in civil cases.

I would like to talk to your wife about this matter.

Call me at 512-827-7548 or send me an e-mail directly.

The police can make an arrest for any crime...including traffic violations, but that is usually against department policy. It seems something else was going on here.

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Answered on 1/06/12, 6:53 pm


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