What To Do When Stopped By the Police in Texas
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- Опубликовано: 17 май 2024
- Being stopped by the police can be a nerve-wracking experience. In this short video, VS Attorney Benson Varghese explains your rights and answers some frequently asking questions. For example, are police required to read your Miranda rights upon arrest? The answer might surprise you.
#policestop #legalrights #criminaldefense #arresttips #FAQ #trafficstop
Varghese Summersett PLLC
www.versustexas.com
Board Certified Criminal Lawyers in Fort Worth, Texas. We handle state criminal cases in Tarrant County and surrounding counties. We also handle federal criminal cases across the country.
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00:00 - What to Do When Stopped By the Police
00:08 Video Challenge
1:08 Tip 1: You Usually Don't Have to ID Yourself
2:37 Tip 2: Remain Silent
2:52 Tip 3: Be Polite
5:20 Tip 4: Politely decline tests
7:31 FAQ: Is it legal to record a police officer?
8:04: FAQ: Do police have to tell you why you were stopped?
8:27: FAQ: Do police have to read your Miranda Rights upon arrest? 
Развлечения
I AM SO GLAD THAT THERE ARE PEOPLE WILLING TO HELP AND ADVICE....TO THAT THANK YOU !
Great information! Good advice.
Great info here.
Not only can you record the police in texas but in any state as the police officer is in public and has no expectation of privacy. The US Supreme Court made a rulling on this exact subject on recording the police.
Several years ago, I was stopped for failure to signal and my center brake light out. Upon initial contact, I respectfully informed the officer that I was invoking my right to remain silent. Immediately, he went off on me and said he wasn't going to play my game, I wasn't going to win, and was informed I was being placed under arrest. He said he was originally planning on issuing a warning, but because I invoked my 5th amendment right, it escalated things to a point of no return and I would learn a very big lesson from it. It was a holiday weekend, therefore I was in the county jail for nearly 15 hours. When I was released, I contacted an attorney and was informed that I had no case because the officer did have full discretion to arrest me for the minor traffic offenses and it is allowed in the state of Texas. Based on my experience, I feel like it's damned if you do and damned if you don't when you invoke your right to remain silent. No matter what you do, bad things can happen. It cost me nearly $5k for posting bond, fines, court costs, vehicle impound/storage fees, attorney fees, and also the added issue of an arrest record to follow me everywhere I go. The judge even reprimanded me and told me I was foolish in immediately invoking my rights and made myself look bad. Is it really worth it to invoke your right to remain silent? In my case, absolutely not. It cost me dearly.
What State was this? I'd like to know to never go there.
You were arrested for failing to signal and broken taillight?🤔
What did they charge you with?
Yeah that's texas....many of the small towns arrest for all traffic citations for out of towners or sometimes minorities
Galveston will arrest you if you STOP walking on the sidewalk to do anything like tie your shoe or talk to someone..but like 80% of the arrests are minorities
Yeah this is a fake story.
If you don't submit to sobriety test during a traffic stop in Montgomery county tx usually they mark you down as failed sobriety and cart you to jail. Sometimes it's thrown out in court but it's often 50/50
Mctx sucks 😞
If I'm a passenger in a vehicle that is stopped for a traffic violation do I have to show ID if i have a concealed permit but am not in possession of my firearm at the time.
Thanks for the video, it's closest I've come to finding the actual information I've been seeking regarding implied consent. Am I correct in the conclusion that refusing all BAC and FST testing at the roadside (ie pre-arrest) is allowed without penalty and that, conversely, refusing BAC testing via breath or blood after formal arrest will result in automatic license suspension?
Further, what constitutes formal arrest? Will implied consent penalties kick in after I've been arrested and the officer is still pushing for a breathalyzer while I'm cuffed in the back of the police car at the roadside?
Essentially, am I safe to politely refuse every test type at the roadside until I get to the police station where I then must comply with testing?
I'm just looking to have my strategy in place should I ever be wrongly suspected or arrested for DUI. Thanks.
Yes, no implied consent for portable breath tests, and they are rarely seen. You will know you are under arrest because they will tell you and you will be read a statutory warning that tells you in DWI cases that you are under arrest.
What if you leave your home to do a safety test on the brake system replacement you've finished, needing to bed the brake pads into the rotors, and it's 10pm at night when you do this, and a vehicle comes racing up behind you at a high speed to be within a foot away from your bumper, and follows at this distance a 100 feet to the stop sign. Turning left to go a mile to the highway, the same vehicle let's you go half a block away, yhen does the speeding up to tailgate again for 2 more blocks, never going around you. Stopping halfway off the road to roll down my window to wave this vehicle around me, it stopped behind me about a foot away, and 30 seconds of my hand coming out the window i rolled down completely, the lights of a police car comes on. This gets worse from that point on, having the cop walk across the road directly from his vehicle, until he was 90 degrees from my driver's open window, puts his hand on the pistol he was wearing, an his flashlight turns on aimed into my eyes. The next thing I halfway hear is he's saying something about being from the local police force, but garbled his name and which department he worked for very quickly finishing. Then launching into a barrage of questions who, what, where, and why I was Stopping, going, doing and other words that were said as he walked up to stand against my door leaning his head as far as he could, saying replies of, " doing brake work, sure is strange to do this bedding so late, why did i stop, driving slowly isn't right, and other sarcastic responses to my short answers until his head is actually halfway into my car before I put my hand up to stop him from looking at everything inside my car except me. My soda in the sonic cup i had in my center console had him asking what was in the drink i had. This is were I got sarcastic back at him, and he stepped half a foot back to demand my driver's license. I was at the point of completely thinking he wasn't a real cop, and I almost didn't give it yo him, only doing so after saying " you want my driver's license " said in a questioning manner. He repeated for me to give it to him, with everything he said done in a accusing tone of sarcastic insulting manner. This guy looked at my license, finally saying " I guess you do live where you say ". Not once did I see or hear any radio traffic or one on his body. No badge, no name, a belt with pistol and holster, and a ring for the light. After his last comment, my license was tossed at me through the window, he turned and walked to his vehicle and did a 3 point turn to go the opposite direction back the way we had traveled.
I truly didn't believe this guy was a actual police officer, and my gut was telling me he had every intention to pull his pistol as soon as he thought there was something he could find to make me get out of my car with. I never going to do that, and was carrying my own pistol as I always do having a CHL and never leave my home without it. I couldn't help but dread the thought if i did leave my vehicle, he was going to try and put cuffs on me, and then shoot me after driving out further into the country roads to dump my body. I've had a different experience with a guy who was a evil bastard who dressed as a MP, drove a copy of a MP's vehicle, a did exactly that with 4 or 5 people he cuffed, assaulted, raped, sodomized, and killed in a very short time period long ago.
I finally went to the police station and filed a complaint against him, to at least let them know someone was posing as a cop, finding out it was a actual deputy. While telling my events to 3 police guys, I was lied to about who it might be, and what was supposed to be recorded by the new patrol cars and supposed to turn on automatically being a dash cam that had to be in the vehicle or the car wasn't allowed to be used without the cam in it, the reasons why the guy wasn't even supposed to be in my area patrolling, no call in on my vehicle, ( he didn't pull me over, I stopped to wave the car past me to stop the idiot who was tailgating me probably being drunk having a bad day and road raging at me for whatever reason) not being told his name for 4 days, being told he was " looking into a suspect who was leaving the state traveling somewhere " reason for what he had done during the entercounter with me.
I never let on or asked why I was being looked at as a suspect, cause the lies I heard after talking to the dispatcher, and 2 previous officers who told me they could not drive the car without the cam being in the car, and the officer couldn't remove or tamper with the cam in any form, to getting a report and told giving my address and as close to the dates i might remember would give the record lady everything she could find that resulted in a report, brought to me freely. I had to walk back in and specifically ask for the other event that had police respond to my home from a phone call to the police by my drug addicting daughter who was staying at my house so she could get away from her wife beating boyfriend who was threatening to kill her. I finally found out what she said to have the police 3 deep outside my house because she was seeing bad guys and hearing voices under the ground in the torture dungeons she would rant about when getting high and having her dude beat on her.
This entercounter I had completely broke any respect and view of the cops just doing their job. I didn't know why she called the cops until being given the second report. But this entercounter ruined any thought the cops are just doing a job, knowing how corrupt they are with the responsibility of protecting the citizens, but being nothing more than bullies on a power trip that everyone is guilty as Fck for whatever they choose to say so things escalated into a arrest. The lies, the bullshit remarks, the things said to justify themselves, and the lifestyle of thinking they are always right and your guilty before the fact.
Don't think there's anything I can actually do to make sure these POS don't continue to cover up bad behavior breaking the laws as they choose. But it definitely destroyed any good will I had towards police completely. Bunch of shitbags who are nothing more than bullies and worthless excuses of deputys. Hopefully I will never have this happen again, and won't be so nice when I've not been pulled over and thinking the guy wanted to shoot me. I don't have a creepy feeling like this or believe cops wake up wanting to go shoot someone, but the gut feeling I've had in other situations has never been wrong for the violence fixing to be done.
IT WAS A DEFINITE SET UP...COP'S LIKE THAT MAKE'S ME SICK TO MY STOMACH,,
...do you have to sign the ticket?
I gave been stopped for not putting my signal light, just got a warning. Got stopped for speeding but i was kinda lost so i got a warning! They were very nice !
Great information. Does declining field sobriety tests and PBT constitute driver’s license automatic suspension in Texas?
Declining the FSTs or portable breath test does not result in a suspension. Refusing to provide a specimen of breath that will be taken at the station on an intoxilyzer will result in an automatic 180-day suspension.
@@varghesesummersettpllc7161 thank you very much for the response. I appreciate the clarification.
I just subscribed to your Chanel. Greetings from El Paso, Tx.
@@varghesesummersettpllc7161 It will result in a 180 day suspension EVEN IF you have zero alcohol or drugs in your system? If that is true then it seems wise to submit voluntarily to a breathalyzer test....no?
@@varghesesummersettpllc7161 Other videos stated there are one or two states that you can't refuse the FST
Great
Thank you for this advice. This is much better guidance than the bros on RUclips who just tell you to scream "AM I BEING DETAINED?!" at the police over and over again.
Can you do an update with a short or something since Texas passed SB 1551
Second this!
The problem is that the police can arrest you, tow your car to impound and do an " inventory" of it's content for all traffic infractions except for speeding and open container. Even speeding if it's 25 miles over. So you can exercise your so called rights but don't be surprised when you are severely punished for doing so. It might pay off if you are drunk but you are going to have to give a lawyer a big pile of cash. Lawyer might try to help you or he might sell you out cause it's easier that way.
If you do not answer the officer's questions after providing your license and registration, will it. predispose the officer to edge closer to arresting you?
From a legal standpoint, no. In practice, I suppose an officer could get frustrated and look harder for other ways to get to where they want to be.
There's currently an infamous case where a driver flashed his headlights to warn oncoming traffic of a speed trap. The driver was stopped for that reason, and the officer found the driver hadn't signed his vehicle registration. The driver chuckled, and was placed under arrest. It happened in West Virginia, which should tell us something.
In Texas just thinking about your Rights us Cintempt of Cop
I left that hellhole of a state after Galveston arrested me 17 times in a year... just accused me of pu lic intoxication, failure to maintain forward motion while walking on sidewalk, and criminal mischief every time they saw me....because I asked for an attorney the first time they stopped me
Do you know why I pulled you over? Oh damn did you forget already? Well when you remember hit me up later, buh bye! lol
A few years ago I got pulled over for a seat belt. Gave my ID and insurance. He asked, is this your current address and what is your phone number. Of course I refused and remained silent and he got a little bent out of shape. Are we required to answer such questions?
Just say "What's on my ID is accurate" otherwise they're going to ask, "How long have you lived at this new address" followed by "Why haven't you got your license updated" followed by "Here's your additional ticket for an out of date license" followed by you losing more money.
Let's say you were walking down the street and ultimately are arrested. They ask to see ID. Does it satisfy the legal requirement to verbally provide your name, DOB and address as long as it is truthful, even if you have your driver's license on you?
According to the verbiage of 38.02, it appears that's a perfectly viable option of identifying yourself.
Can I be charged with posesion in tx if the officer says he saw but searched and never produced any physical evidence
Charged: probably....conviction? Get a lawyer and prob not
Obstruction/tampering added later? Possibly
I'm under no obligation to put the officer at ease if they're afraid maybe they could go to work in a grocery store
Are you considered to be under custodial arrest when being stopped during a traffic stop in Texas? Is giving an officer license or identification information considered something that will be used against your person, like self-incriminating evidence?
Certainly will be used to explain the arrest if you don't once asked
@@norml.hugh-mann will the arrest be lawful? I was hoping for answers to my questions.
FMCVA
Driver: one who operates a commercial motor vehicle.
Only when pertaining to a single govt regulation....quit pushing that BS sov cidiot crao
They will give you Miranda warning After they get the evidence and conviction from you so what's the purpose of the Miranda warning???
Here is my question, if pulling someone over and demanding ID requires probable cause yet they don't tell you the reason when they pull you over, then do you have to present ID? Can I tell the officer politely no I do not wish to ID unless I know why I am stopped? If you have to provide ID on officer's demand, without them telling you why, during a traffic stop then how is that not a 4th amendment violation? To me this sets a precedent that any officer can pull anyone over for any reason or no reason at all simply to just check their ID for warrants, possibly search the vehicle, etc.
If you are pulled over while driving, you are required to provide proof of a driver's license, as this is a legal requirement for anyone operating a vehicle. In Texas, if you are stopped by police while walking then under Texas' "stop and identify" statute, if you are lawfully detained, you must provide your name, address, or date of birth when requested by an officer. This detainment must be based on reasonable suspicion of criminal activity. If you are lawfully detained, you are required to provide this identifying information in form of physical ID or simply stating your name, address, and date of birth can be sufficient to satisfy the legal requirement. At this point, if you believe your rights are being violated then it’s best to remain silent
@@kevingaldamez9071 that is not correct regarding Texas stop and identify statute. You do not have to provide ID unless you are lawfully arrested which is different from a detainment. Texas penal code 38.02
@@conflictoftheorders thanks for clarifying that for me I got confused from an article I was reading
@@kevingaldamez9071
Police can not pull you over and demand ID with out a law being broken. Of course they can lie and say that you did something that you didn't do.. But legally they can not pull you over just to see if you have a drivers license or not.
For drivers, don't in buckle the seatbelt to get your wallet, or reach to the glove box for documents before being asked to do so. The officer may assume you weren't wearing it and write a citation, and the officer might assume you were teaching for a weapon. The citation would suck, but the "furtive movements" might make an officer draw their weapon. Once the weapon is drawn even a negligent discharge could be deadly, to say nothing of an officer mistaking a cell phone for a cell phone. And if you are exercising your second amendment rights at the time, don't just say "I have a gun".
In a car accident scenario where a red light runner results in hitting another vehicle. If the officer suspects the red light runner of being under the influence of a drug or alcohol, can the person still refuse a FST?
A person can always refuse a field sobriety test. Officers are adept at making it sound like a requirement rather than a request, but it is always a request.
what is the definition of driver in law by bovier and black laws dictanary
Usually in Texas if you say yes or no sir ,keep your hands visible there isn't a problem ,unless you have a profiling highway patrol. Myself I have had a texas highway patrol Insurance fraud me twice. Getting in a wreck and not Making a report are lying about the wreck because he favored the other driver. What's the point in carrying insurance if it's not going to cover you
Yeah....that's why there ar🎉e 10s of millions of EX-texans around the US that refuse to return there while still veritical
Pray they don't cap you.
Pray the psycho doesn't shoot me for a burned out taillight!??
☆☆ HELP HELP HELP ☆☆☆☆☆☆☆
TRAVIS HEINZE is getting railroaded tomorrow and Wednesday in Natchitoches Louisiana!
Pay a visit to nearby NATCHITOCHES LOUISIANA and help him out please.
He hangs out by the Natchitoches Parish Library.
None of this applies to a young black or Hispanic in Texas . Most the cops that stop me.. don't act professional at all.. 1st they pull me over for nothing.. soon as they walk up their screaming at me!!! I try to reach for my wallet next thing I know I have a gun in my face.. then I'm dragged out of the car through the window n slammed on the hood.. at this point I still have no clue what I did wrong?? 10 other cops show up.. next they let me go n say I matched the description of someone else.. yea 10 times already.. bs
Ill tell you exactly what I do and have done many times.
If they nice you cooperate.
If they are being obviously nasty on account of your skin color or your personality, you drive off.
The key is to get them at your window, next is to have a powerful motor, know where to run and learn backroads very good. Have a button with a gadget to lower a screen over your tag when they pull you over so they can’t record it.
If you got a good engine that is better than theirs they can’t get you. They never get me at least... now that the non emergency policy is active, you can also freely flee them. If you have no warrants and it is a traffic violation, they aren’t willing to put in the man power to catch you. Have a great day. Don’t cooperate with law enforcement.
You are 100% wrong sir to deny breath or blood for BAC when you are being arrested for DUI in the state of Arizona. You can deny FST in Arizona, but when you refuse blood/breath BAC from the officer, you Ihave now had you drivers license suspend for 1 year/12 months in the state of Arizona by the DMV judge even if you end up winning your DUI misdemeanor/felony charge
As stated in the title, this video applies to Texas.
You can refuse the field breath test not the one once you're arrested