No License Plate, No Problem!

Fox 4 News had an interesting story on the front license plate law.  The law has always been that you have to have a front and back license plate on your car.  Other states, however, only require a back plate.

Some people don't know about this law, or purposely defy it because they don't want to drill holes in their front bumper.

Time and time again, I have seen local police use this as an excuse to pull people over to see if they have been drinking.  Its one of the may little traffic laws that law enforcement use as a pretext to stop a car when they are only looking for drunk drivers.

Well, based on some mishaps in Austin, it looks they missed this one.  Below is the story:

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Texas Lawmakers Accidentally Omit 2 License Plate Law

DALLAS - Vehicles in Texas must display both front and back license plates. It’s been a state law since 1934. But lawmakers in rewriting the state transportation code recently made what could be a serious omission.

“Absolutely it is a potentially very big problem,” said Robert Gregg, a criminal defense and personal injury attorney. “The issue is not whether it is a fine. That’s where we start. The issue is whether or not it’s a crime.”

The old law read, “A person commits an offense if the person operates… a passenger car or commercial motor vehicle that does not display two license plates at the front and rear of the vehicle.”

In the new bill passed into law on the last day of the session that language was accidentally struck from the measure.

“Problem is they didn’t move it over to the new section, therefore it’s not a crime,” Gregg said.

And if the offense is no crime, law enforcement officials may no longer be able to pull people over for it.

“It is fairly common. Unfortunately in this state people don’t really adhere to the two plate rule like they should. They put a lot of their school logos or their favorite football or baseball team and it is against the law. It is a crime,” said Sgt. Don Pertiz with the Dallas County Sheriff's Department.

Pertiz said the law is often used as a tool to stop criminals on the streets.

“You’d be surprised how many offenses we uncover that start with no front license plate,” he said.

Trying to rectify the wrong, El Paso lawmaker Joe Pickett, who wrote the bill, has asked the attorney general for an opinion on whether it is a Class C misdemeanor not to display two license plates on a motor vehicle.

“Most times they don’t give you a ticket for this so the issue of not having a fine is not really it. The issue is they’ve taken out that it’s an offense. It’s not an offense. They can’t use it to pull somebody over, which they use it every day all day long,” Gregg said.

Pertiz said officers will likely continue to issue tickets based on the original law and let the courts worry about it.

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Your Privacy Slowly Drifiting Away

A big thank you to Lawrence Taylor, who told us recently about DWI/DUI roadblocks in my former stomping grounds of Gainesville, Florida, home of the Florida Gators (and Tim Tebow).  In fact, I interned at at the State Attorney's Office and Public Defender's Office in Gainesville. 

Many states have been pushing for roadblocks.  An excuse to stop drivers suspected of no wrong doing, simply to check them out and see if they have been drinking.  This has been pushed by MADD and other lobbyists on their behalf.

Well, it seems that FHP (Florida Highway Patrol) gave it a shot, and stopped over 1100 citizens.  They were proud to report making over 100 arrests. . . . BUT . . .

ZERO were for DUI (Florida's equivalent of Texas's DWI)  2 for warrants, and over 100 for "traffic citations." 

Obviously, giving out tickets for expired tags and broken taillights wasn't the point of the roadblock.  But they tried to make it seem that it was.  "We conduct these checkpoints to enforce and to educate."  Yeah, right.  Like that was the point of the roadblock.

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Cops Above the Law

In a DWI case, it is the officer's opinion that the accused is guilty being the main source of evidence in the case.  Juries are then asked by the State's attorneys to trust the officer, that his/her judgement was correct.

A friend sent me this picture yesterday which demonstrates how officers always use good discretion.  This is parked in front of the Collin County Courthouse.

 

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How do you get a police award? Arrest the most people for DWI.

In under three years on Ft. Worth's police force, one officer is receiving accolades for arresting a ton of people for DWI.  IN the article, "Going after DWI's earns top honors", the Ft. Worth Star-Telegram reported today.

This officer apparently impressed the folks at MADD by being:

responsible for more than 20 percent of the total arrests made by his nine-officer unit last year. He has made 290 DWI arrests and more than 85 non-DWI arrests while conducting normal traffic stops.
Apparently arresting the most people for DWI, and you get to become the officer of the year.  I wonder how many of his traffic stops he conducts, smells alcohol, and determines they are not intoxicated?  Would guess not many, considering that many times he, "gives his potential third or fourth arrest of the night to another officer."
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Dallas Police Officer Arrested On Suspicion Of DWI

Anyone know if he took a breath test?  Bueller, Bueller....

Dallas Police Officer Arrested On Suspicion Of DWI

12/15/2007 -- Dallas police said an officer was arrested on suspicion of driving while intoxicated.

Senior Cpl. Billy Ailey was taken into custody early Sunday morning, police said. He was placed on administrative leave pending an Internal Affairs investigation, police said.

Ailey is assigned to the South Central Patrol Division. He has been an officer with Dallas police since January 1985.
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Plano Police's DWI Officers Under Fire

In an interesting development in Plano DWI news, it appears that four officers are now on trial for THEIR misconduct...

Four Plano officers face federal lawsuit
By Stephanie Flemmons, Staff Writer

A Driving While Intoxicated arrest has led to the unveiling of what Tray Boswell believes was a “set-up” by four Plano police officers and his ex-wife.

A federal lawsuit was filed against Plano officers Ron Kress, Michael Nunns, Scott Copeland and Jon Britton.

Boswell’s attorney Don Tittle said the lawsuit is in the initial stages and a dollar amount has not been determined.

On Oct. 18, 2006, Boswell was arrested and charged with a DWI by Kress and other police officers.

According to court documents, probable cause did not exist for the detention or arrest of Boswell, nor was he intoxicated at the time.

Boswell claims the four officers and his ex-wife, Sarah Boswell, planned the conspiracy to charge him with a crime, he said he did not commit. “There is a lot of police misconduct,” Tittle said. “It is beyond outrageous. The Plano Police Department didn’t even bother to conduct an internal investigation.”

During Boswell’s DWI trial, his criminal attorney Phillip Linder, requested the cell phone records from Sarah Boswell. The records indicated that numerous phone calls were made between Sarah Boswell and the police officers over a number of weeks. The calls were initiated by both parties.

Kress, Copeland and Britton claimed they had never met Sarah Boswell despite records showing the calls between the officers’ personal cell phones, both before, during and immediately after Boswell’s arrest.

“It doesn’t take a rocket scientist to figure out what was going on,” Tittle said. “The charge was tried and the district attorney dismissed the case, due to evidence supporting the conspiracy.”

He said Boswell is a musician and his ex-wife knew his routine.

Court records state, at the time Boswell was going through a divorce. There were child custody issues in controversy during the divorce proceeding. Boswel claims his ex-wife used her connection with Nunns to encourage an arrest in an effort to gain leverage against him in their ongoing divorce.

Plano City Attorney Dianne Wetherbee said the officers conducted themselves in an appropriate manner involving the incident.

“We will vigorously defend them,” Wetherbee said.

A few months before Boswell’s DWI arrest, he claims he was illegally detained and then released 30 minutes later.

Court records state Copeland detained Boswell without probable cause and issued two traffic citations. Phone records state on that day, at least four phone calls were made from Sarah Boswell to Copeland, despite their claim of never meeting before.

Boswell has requested a trial by jury, which will take place at the Sherman Division of the Eastern District of Texas.

The Plano Police Department denied comment. Sarah Boswell could not be reached

Watch out Frisco Kid(s)!

Although not directly related to DWI, a new ordinance enacted by the Frisco, TX City Council could have DWI and DUI ramifications.

The City of Frisco enacted a new "curfew" for those under 17, spanning from Midnight to 6am.

In my opinion, this is just another "solution" to a problem that just does not exist.  Although I like Mayor Simpson, he explained in an article on WFAA.com, that:

"We figured we were taking a proactive step so that our kids wouldn't be put in the position of getting into trouble," he said. "And if Frisco was the only one who didn't have it, you might have teens saying, 'Hey, let's go to Frisco, they don't have a curfew.' "
Based on his quote, it would seem that this is not yet a problem, but he is reading into the future and the minds of our youth that they will exploit our city by causing mayhem after dark in Frisco, opposed to Plano, because they will realize there is no curfew in Frisco.  Of course, there is no problem now, as this is a "proactive step," as stated by the Mayor.

Like I said, I like Mayor Simpson, and he has done incredible things for the city, although I'm not too keen on this one.

I'd hate to see "he/she looked young" as an excuse to stop our citizens of Frisco.

The Police Know to Refuse the Tests... Shouldnt You?

In a recent arrest in Ohio, a police officer was arrested after driving erratically.  What I find most interesting is that he refused to submit to any chemical testing....  Hmmmmm....

It is interesting when many officers "encourage" or bully people into taking these tests, but when push comes to shove, they refuse.  Is it  really possible that only DWI attorneys know there is a fallacy with these tests?  Or is it at all possible that the police as well realize that there is a problem here?

Akron Detective Turns In His Badge After DUI Stop



Written by OJ Fagbire   

Detective Kris Hanzel, of the Akron police force, was pulled over last week when he was seen driving erratically.

He was off duty at the time. Officers report that Hanzel refused to take an alcohol test or any drug tests.
 
Hanzel, who has been a member of the department for 14-years, turned in his badge and resigned his post the day after his arrest.