Bogus Stop by DPS

[cxm]

If you honestly believe the stop was improper, you should file a written complailnt about the trooper with the DPS.

Colonel Thomas Davis is the Director of the DPS and you can direct a complaint to his office but it probably will not be regarded as a formal complaint by it's self. The best approach is to go to:

http://www.txdps.state.tx.us/director_s ... plaint.htm

You can download a complaint form and the complaint will be investigated and you should be contacted by the investigator assigned to the complaint.

V/r

Chuck

Ok, first let me make a statement!!!

I honor & respect LEO's for the great job that they are doing!!!! I always tell them how much I appreciate their hard work......but!!!

We were coming home from Austin, Saturday night at about 11:30pm, after picking my wife up at ABIA where she flew in from Chicago Ill. We had just passed through Cistern, where there is a grocery store/bar, that was packed to the rafters, and was on our way to Flatonia when I passed a DPS trooper headed the opposite direction. He immediately made a uey and flipped on the lights. I looked at my speed....65 in a 65 so that was not the reason. As I have always done, I pulled onto the shoulder and exited the vehicle with insurance papers in hand. He introduced himself and asked where I might be coming from. I handed him my DL, CHL & insurance and stated that I have a CHL and am carrying. He asked where and I told him in my pocket I had a semi-auto .45. He just smiled and stated that he had stopped me because I had not dimmed my high-beams soon enough. I knew then what was really going on!! He asked me where I was coming from and I told him from Austin. He asked if I had been partying there and I simply but sternly said "NO" I was there picking up my wife that had just flown in from Chicago, Ill. He said "man that was a late flight" and I responded that "the flight was delayed due to weather by 2 hours". He said.....and I quote..." Oh so you did not just leave from the party at the bar in Cistern???" I said "no I just came from Austin!!!" He walked to the front of my vehicle and checked my inspection sticker and registration, then shined the light inside and saw the luggage in the back seat. He then said he was going to issue a warning about the high-beams. I said no problem. I signed and off I went.

Ok I have been around LEO's all my life, having several in my family, but this was really a bogus stop. I have been stopped several times since getting my CHL several years ago, none for any moving violation, always something like a tail light out or just to verify DL & insurance. They were all very professional and even had one ask me about my SIG I was carrying. This trooper was really out of line in this stop. He was also kinda small and when my 6'6" 300lb frame poured out of my little VW Jetta he really was taken back.

Anyway I was just rambling this morning and wanted to know if any of you have ever experienced such a bogus stop.

[stevie_d_64]

§ 547.305. RESTRICTIONS ON USE OF LIGHTS. (a) A motor
vehicle lamp or illuminating device, other than a headlamp,
spotlamp, auxiliary lamp, turn signal lamp, or emergency vehicle or
school bus warning lamp, that projects a beam[0] with an intensity
brighter than 300 candlepower shall be directed so that no part of
the high[0]-intensity portion of the beam[0] strikes the roadway at a
distance of more than 75 feet from the vehicle.

Now I looked all around this statute and didn't find anything that warranted a commissioned Texas Law Enforcement Officer to investigate as to "why" someone would not dim their high beams to oncoming traffic...

Not that I don't think there is something, somewhere out there that counters this preliminary information...

With all the different light configurations (regulations) I have seen in recent years with all the aftermarket products that allow you (legally/illegally) modify your vehicles lighting...

I am perplexed that I cannot find information simply on the legal requirements of the operator of a vehcle in the State of Texas requiring the dimming of your highbeams (at night) when approached by oncoming traffic...

I just thought it was more of a safety and courtesy that you did that, and that a law wasn't needed to make it an enforcable offence if you failed to do so...

I'll keep looking...

[stevie_d_64]

You know, and another thing...

If I got a "warning" slip...Be blessed...I think its more of an administrative thing to justify the Troopers stop...

I got tagged last Thanksgiving for doing 78 just south of Huntsville...

My response to the Trooper was "Hey, I'm going to get it a lot worse from the wife (who was sitting next to me at the time) than whatever you or the State gig me for..."

At that point he laughed and agreed that that was a true statement...I walked with a warning "ticket"...

No harm, no foul...

My attitude is if I get pulled over...Expect to get a ticket...That way you've already done the battle in your mind, and that your interaction with the L.E.O. had better be in the right place...

[txinvestigator]

It is illegal to not dim your headlamps. It was a valid stop. He man have been suspicious of DWI due to the party; however, there was nothing "bogus" about the stop.

Unless he cussed at you or caused you undue delay he was not out of line.

And this is a CHL discussion form, not the "bitch about your problems with the cop forum. "

You may be right...I have never seen a citation issued for that offence...

But then again "fishing", without a license, is illegal as well..

I AM right Steve. What does fishing have to do with this?

Texas Transportation Code 547.333



(c) A person who operates a vehicle on a roadway or shoulder
shall select a distribution of light or composite beam that is aimed
and emits light sufficient to reveal a person or vehicle at a safe
distance ahead of the vehicle, except that:

(1) an operator approaching an oncoming vehicle within 500
feet shall select:

(A) the lowermost distribution of light or composite beam,
regardless of road contour or condition of loading; or

(B) a distribution aimed so that no part of the
high-intensity portion of the lamp projects into the eyes of an
approaching vehicle operator; and

(2) an operator approaching a vehicle from the rear within
300 feet may not select the uppermost distribution of light.

I wrote many tickets for that.

[txinvestigator]

It is illegal to not dim your headlamps. It was a valid stop. He man have been suspicious of DWI due to the party; however, there was nothing "bogus" about the stop.

Unless he cussed at you or caused you undue delay he was not out of line.

And this is a CHL discussion form, not the "bitch about your problems with the cop forum. "

txinvestigator,

I totally disagree with you!!! What constitutes the distance I must dim the lights. My drivers education training back in the 70's stated that when I saw another vehicle I must dim my headlights. I immediately dimmed the lights when I saw another set coming around the short curve.
This trooper did in fact make a bogus stop and gave me a warning ticket on a bogus charge. This is why I am so upset about it. I could understand if he followed me, ran my plate, then my license and found some problems with my driving record, but I have had no citations for over 25 years!!!!!!!!! And that is not because I have been lucky!!!

See my post regarding the law. And the warning does not affect ANYTHING. It does not go on your driving record, it does not cost you a penny.

And your record is irrelevent to your receiving a citation. If you deserve you, you get one, regardless of your history.

You have blown this WAY out of proportion.

[txinvestigator]

I quote..." Oh so you did not just leave from the party at the bar in Cistern???" ... then shined the light inside and saw the luggage in the back seat.

Obviously the officer was fishing. Accusing you of lying and partying when the luggage was in plain view in the back seat was unproffessional.

Any proffessional would have already examined the back seat for security reasons alone.

Thanks for you post tex45acp

Where did you receive your Law Enforecement training? The officer, if tex45acp is accuratly describing the events, acting 100% professionally. He did a great job. DPS usually does.

[txinvestigator]

The whole high beam light issue got me to thinking...

My Grandmother has one of those decked out Cadillacs with automatic everything...

One of the features is an automatic switch that is connected to a sensor that looks ahead for oncoming traffic or bright light sources...Something like that...

Well it "automatically" dims your high beams if the "factory" settings are adjusted to a certain level...I don't think its adjustable by the driver...

So if we trust a machine to do this function for us, and it doesn't work to a Law Enforcement Officers determination...I guess thats call enough to pull someone over to see if they are intoxicated...Never mind the switch issue...

Those also have a manual switch, and it is the operator's responsibility to dim the lights as required.

[txinvestigator]

It is illegal to not dim your headlamps. It was a valid stop. He man have been suspicious of DWI due to the party; however, there was nothing "bogus" about the stop.

Unless he cussed at you or caused you undue delay he was not out of line.

And this is a CHL discussion form, not the "bitch about your problems with the cop forum. "

It's a forum. F-O-R-U-M. Thanks for going out of the way to be really rude to fellow members. This type of unity really helps us keep our gun rights and enjoy each other's company.

I think you need to read the forum conduct rules again txinvestigator. Especially when you're violating them while ranting about other peoples conduct.

+1

I know its a forum. This was listed in general CHL issues, not the cop F-O-R-U-M.

Complaining about a legal and justified traffic does nothing to help us keep our gun rights.

[txinvestigator]

It is illegal to not dim your headlamps. It was a valid stop. He man have been suspicious of DWI due to the party; however, there was nothing "bogus" about the stop.

Unless he cussed at you or caused you undue delay he was not out of line.

And this is a CHL discussion form, not the "bitch about your problems with the cop forum. "

It's a forum. F-O-R-U-M. Thanks for going out of the way to be really rude to fellow members. This type of unity really helps us keep our gun rights and enjoy each other's company.

I think you need to read the forum conduct rules again txinvestigator. Especially when you're violating them while ranting about other peoples conduct.

+1

I enjoy everyones company...But then again I am a sick individual...

I think "txinvestigator's" got some issues, and that those are personal and private...

He does come across very argumentative, with a blend of expertise in his life experiences...

His reaction to the alledged "bashing" of L.E. is a good example of why we should never question or antagonize Law Enforcement...

Unless you know them and are good friends with them...Then all bets are off...

Yes Steve, I have issues with people who complain when LE are doing their job, doing it well, and keeping us safe. I have issues when people overreact to said LE. I have issues when people complain about LE when he just received a warning.

Just for the record, I am a strong advocate of making sure cops do things right. If you are wronged, then complain to the correct channels. However, in this case there was no wrong.

[tex45acp]

txinvestigator....I also checked with a couple of my very close LEO friends and they concluded that they would have probably stopped me but not issued a warning ticket. Verbal would have been enough. I guess what I had beeen taught in drivers ed is no longer valid. I guess you live and learn.

anygunanywhere...I thank you for checking with another source so as to correct my thought process on this incident.

Please no more hammering each other for my opinion!!!!!!!!!

[anygunanywhere]

Everyone is on edge from too much cabin fever. Too much rain has the shootin range all muddy and the indoor ranges are too crowded. Once everyone has caught up on their monthly quota of ammo burnin, tempers will settle to the usual tolerance level.

Maybe. :P

[stevie_d_64]

It is illegal to not dim your headlamps. It was a valid stop. He man have been suspicious of DWI due to the party; however, there was nothing "bogus" about the stop.

Unless he cussed at you or caused you undue delay he was not out of line.

And this is a CHL discussion form, not the "bitch about your problems with the cop forum. "

You may be right...I have never seen a citation issued for that offence...

But then again "fishing", without a license, is illegal as well..

I AM right Steve. What does fishing have to do with this?

Texas Transportation Code 547.333

I wrote many tickets for that.

Its all in regards to enforcing the law...You apparently did it book, chapter and verse...Bravo to you...

I can't believe I am actually explaining this to you..."Fishing" was used as an analogy...Obviously "fishing without a license" is illegal...And widely understood to be that...

Ignorance about this whole dimmer requirement may not be widely known...I certainly didn't know that to be a ticketable offence...But I am not excusing it...

No where in your 547.333 does it state that it is a citable infraction of the section you quote...But I believe you are correct...

I for one have known for years since I have been driving that its just commonsense to dim your lights to oncoming traffic and not blind them at night...Its a courtesy and safety issue...And until today, I thought it was no big deal...

I have no doubt you wrote lots of tickets based upon this statute...

Even though our originator did not get a ticket based upon the reason for the stop...The leading questions and commentary from this Trooper was a bit over the top...And un-necessary...

But thats just my opinion...

I shall endeavor to persevere...(ecchhhh, spelling was not a strongpoint I guess...)

[stevie_d_64]

Everyone is on edge from too much cabin fever. Too much rain has the shootin range all muddy and the indoor ranges are too crowded. Once everyone has caught up on their monthly quota of ammo burnin, tempers will settle to the usual tolerance level.

Maybe. :P

Hey, get this Saturday cleared up...My wife is going to the ladies class this Saturday at PSC, and I don't want to be twiddling my thumbs while I'm waiting...

I'll bring the paper...And I'll teach you to make smiley faces at 50 feet...

Or maybe I'll just be happy to hit the ground if I fall...How's that???

[Paladin]

Merriam-Webster Online Dictionary:

"fishing

2 : to seek something by roundabout means "

As in seeking a DWI while pulling someone over for possibly not adjusting their lights.

[stevie_d_64]

Merriam-Webster Online Dictionary:

"fishing

2 : to seek something by roundabout means "

As in seeking a DWI while pulling someone over for possibly not adjusting their lights.

Good one...