Ticket: No Insurance, in TX
In Texas, as in many states, there is a comprehensive database for insurance, such that a peace officer can run someone's license plates and find that you have no insurance, or that your coverage has expired. Some officers use ALPR (automated license plate readers) which will do the database lookup and then alert the officer with a sound and highlight the offending vehicle in a photo on his computer.
What is Wrong with this Picture
If the offending vehicle is being used in the regulated commercial activity called "transportation" (i.e., for compensation or hire), then the insurance requirement would be perfectly applicable.
If the man or woman behind the wheel is not engaging in this activity, then there could be no violation of the Texas Transportation Code.
No Current Certification for Authorization to Enforce
In Texas, the state troopers are given the responsibility (and authority) to enforce the Texas Transportation Code. There is a provision in law for certain other peace officers who are not state troopers to go to the capitol and get training so they can get a certification which is good for one year, authorizing them to enforce the Texas Transportation Code... as long as they are commissioned by a city or county that fits one of the very complex and stringent eligibility rules. Most are not even eligible.
So if the officer is not a state trooper (commissioned by the Texas Department of Public Safety) then he is highly unlikely to be current on the DPS training, which is where he would have learned how to recognize the regulated activity. He is highly unlikely to work for a city or county that is even eligible to send their officers to attend such training, as the state troopers were the ones lawfully authorized to enforce the Texas Transportation Code. It makes sense that a city police officer would not need to have any training regarding the proper recognition of what activity falls within a regulatory scheme that he does not enforce.
No Clue as to Lack of Authority
However, most peace officers are either unaware that they have no such authority, or at least they act as if they are unaware. And unfortunately, most of the people are also unable to distinguish what activity falls within the scope of "transportation".
Subtitle C
Whether or not the peace officer who pulled you over has ever had any training from the Texas DPS, the very fact that he's a peace officer actually does set him up with partial authority: TTC §543.001 says he can address violations of "this subtitle", which is subtitle C, encompassing sections 541 through 600. Anything else is exclusively for the state troopers, but that subtitle C could be enforced by any peace officer.
For the moment, though, let's not deal with any of those issues, and let's invent a scenario to analyze and learn from.
The Roadside Encounter
Here are the details of this hypothetical situation:
- You're defending yourself against a citation of having violated the Texas Transportation Code (nature=criminal in Texas).
- You were within city limits, and the officer who pulled you over works for that city.
- You were displaying all the typical license plates, decals and windshield stickers — all up to date — and your driver's license was current, and you had no active warrants.
- The officer was driving behind you in a marked cruiser; he or his ALPR ran your plates to find that your insurance had expired yesterday, and he said that's why he pulled you over.
- You asked the officer whether he needed some help, and he said no; he asked for various papers.
- You asked the officer why he pulled you over, and he said that it looks like you don't have insurance, so he needs to see proof that you do.
- You noticed from the officer's uniform and badgeplate (or he mentioned) that he is a city policeman whose last name is "Vargas". You internally recognized that, according to his own testimony, he just made an unauthorized investigatory detention, which is technically false arrest, so he just committed multiple crimes, but you didn't dare try to educate him. You had already been through this course and learned what we teach that people should and shouldn't say or do.
- You asked the officer whether you were free to go, and he said no; he again demanded the same various papers. Meanwhile, he is leaning to see what's in your floorboards, looking through your rear window at the items on your back seat, etc. and he asks you where you are headed.
- You began collecting the papers he was asking for, in a way that he could clearly see, and you smile as you deflect his little fishing expedition by telling him you don't answer questions without legal counsel present, and then just before handing him the papers he keeps pushing for, you asked him whether anything he is demanding could be used as evidence against you; he says no, he just needs to blah-blah-blah.
- You then finished handing him the papers, including an insurance card showing that it had expired yesterday; he finally came back with a ticket and wanted you to sign it... he said that it's not an admission of guilt; only promising you'll contact the court.
- You asked him whether he's willing to pull out his phone and fire up a video call to that magistrate right now; he said no.
- You asked him whether he's willing to go with you before that magistrate right now; he said no.
- You asked him whether he's willing to join you right now before any magistrate who's available; he said no.
- You took the citation he handed you; he left.
The Roadside Analysis
You took a look at what the document says, after he was gone, and here are the pertinent parts you found on it:
| Perspective | Where | Encounter Initiated By | Reason/Facts | Nature/Cause of Accusation | Court |
|---|---|---|---|---|---|
| Defendant | urban Texas | City Police Officer | ran plates, saw no indication of insurance being current | State: Criminal: TTC §601.191 FMFR (Failure to Maintain Financial Responsibility, which is in Subtitle D) | Texas City/Municipal Court |
Some people might think that this was a judicial summons being issued by the executive branch, which would obviously violate the separation of powers; however, it's not.
Take a look at the text heading for that portion of the document, and you'll typically see it saying either "promise to appear" or "notice to appear". These are both explicitly allowed per the state legislators, as a relaxing of the normal requirement for the officer to take you directly before a magistrate. This was written into law for your convenience, and is applicable in certain crimes of very low severity.
The Next Steps, If You Want to Challenge It
If it's during business hours for that courthouse, and you have time to take a detour, one of the best things you can do is go directly from the roadside encounter to that courthouse, and ask to see the magistrate.
Take a pen and a slip of paper or napkin or anything you can write on and don't need to keep. You're going to make a quick and simple records request, in writing.
Texas is a "one-party state" when it comes to recordings, so take a device that can record at least audio, and get it started before the court clerk can see you approaching.
Find out in advance whether recordings are explicitly prohibited in your state, because if so, then that's a separate layer you would need to address, so you would need to decide in advance whether or not the issue of recording is one you are ready to take up. Pick your battles.)
Don't Worry About the Flim-flam
The court clerk is likely to try to redirect you, with questions about your name and what this is all about, with comments about how you should wait and come back in a few days because the traffic ticket isn't showing up in her system yet, with assertions that the only way you could possibly see the judge is if you plead not guilty so she can set a court date, etc.
Don't fall for all that nonsense. She might have the best of intentions, but she's never read the law; she's only doing what she's told to do. Her instructions were to do exactly what she just did. And that's fine; you asked to see the magistrate and she gave you to understand that the magistrate was unavailable. You got what you needed. If you were really bored, you could hold her accountable to follow the law as it is written, but honestly, at this point, there's no need, and going after a court clerk can be not only an uphill battle, but also counter-productive.
Simple Records Request
Now you are ready to make a records request. Ask verbally for all the records of the court that are dated after yesterday and are associated with that particular citation number or with your name. She's going to say there are no such records. Pull out your slip of paper or napkin and ask the same thing in writing, but also ask her to certify her response. Hand her that request. She will probably charge you a dollar to print some little one-liner that says she made a diligent search and found no records responsive to your request; she'll stamp it with her official seal of the court clerk and staple it to a copy of your request. It'll have the date and time on it.
Ciao, Bella
Thank her kindly, give her a friendly wave, and leave with a smile.
As you go back to whatever you were doing when you got pulled over, you will know several things: 0. You have just fulfilled your "promise to appear" (or responded to a "notice to appear") "on or before" that specified date and time. 0. You asked to see a magistrate, and the magistrate was not available. 0. There is no court case. 0. There are multiple problems with the roadside detention/arrest and that citation's issuance. 0. In spite of the facts and the law, it is likely that these public officials are going to violate due process pretty soon, and pretend that an elected prosecutor legitimately presented an indictment or an information to that court in order to commence a criminal court case... and if you don't deal with it, they'll issue an arrest warrant for your "failure to appear". Seldom will they do the right thing, and recognize that they have no basis to bother you any further. Usually, more paperwork is going to be required in order to get the ticket issue cleared up. 0. In other news, you have some crimes to report, and it's your civic duty to do so.