Got arrested for no proof of insurance? Then marijuana...

[joe86700]

What is the name of your state (only U.S. law)? TX
So I was going to a buddy's house for a christmas party. When I get close to the house there's no where to park so after the 2nd round the block I notice a cop right on my tail. I wasn't speeding or doing anything illegal. The cop follows me for about half a mile then pulls me over. She asks where i'm going and I told her to a friends house down the street, she asked which street, (I told her) then asked why i was driving around etc. I told her there was no where to park, so just driving around looking for a spot. She asked me If i had been drinking, I told her with all honestly I had 2 beers with my parents an hour and a half before, she said "maybe a few? and what size cans?" ( I weigh 210lbs so even 3 or 4 would put me under the legal limit). She asks for my license/insurance. I had my license but the only insurance card I could find was outdated. I was driving my dad's truck. Not expecting more than a ticket she told me to get out of the car and tells me i'm under arrest for failure to maintain financial responsibility. I was cuffed then patted by a 2nd officer who arrived at the scene shortly after her. He found a pipe and small bag of marijuana <1/2 gram. They threw me in the squad car. They searched the entire truck while i was in the car, found nothing, then waited for a tow truck to haul it off. I get to the city jail and right after i'm checked in I tell the officer at the desk I would like to post bail, then she told me I had to wait until my record came clean. After sitting for 3 HOURS with 2 iceheads both in on PI's and a guy whos in for assault with a deadly weapon , I pay my $800 bail and i'm finally let out. So now 4 hours after i'm stopped I have to go and pay another $160 to get my truck out of the tow yard.
This is my first offense of any kind except speeding/traffic, and 1 mip when i was 19, i'm 22 now.

Sorry for the long story but just had to give the whole picture.
Can you really be arrested for no proof of insurance, cuffed, then searched?
Is a lawyer recommended for this kind of case or would just going to the judge and talking about it with him be better? Do the crime do the time, i know... but $960 & 3hrs in one night because of a pipe, <1/2gram of mj, and couldn't find my insurance card? Seemed kinda ridiculous, but that's why I'm here asking for help/info.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Zigner]

Yes, you need a lawyer.
And, honestly, your attitude about it says that time and money you have spent so far was not enough, as you have not learned anything...

What is the name of your state (only U.S. law)? TX
So I was going to a buddy's house for a christmas party. When I get close to the house there's no where to park so after the 2nd round the block I notice a cop right on my tail. I wasn't speeding or doing anything illegal. The cop follows me for about half a mile then pulls me over. She asks where i'm going and I told her to a friends house down the street, she asked which street, (I told her) then asked why i was driving around etc. I told her there was no where to park, so just driving around looking for a spot. She asked me If i had been drinking, I told her with all honestly I had 2 beers with my parents an hour and a half before, she said "maybe a few? and what size cans?" ( I weigh 210lbs so even 3 or 4 would put me under the legal limit). She asks for my license/insurance. I had my license but the only insurance card I could find was outdated. I was driving my dad's truck. Not expecting more than a ticket she told me to get out of the car and tells me i'm under arrest for failure to maintain financial responsibility. I was cuffed then patted by a 2nd officer who arrived at the scene shortly after her. He found a pipe and small bag of marijuana <1/2 gram. They threw me in the squad car. They searched the entire truck while i was in the car, found nothing, then waited for a tow truck to haul it off. I get to the city jail and right after i'm checked in I tell the officer at the desk I would like to post bail, then she told me I had to wait until my record came clean. After sitting for 3 HOURS with 2 iceheads both in on PI's and a guy whos in for assault with a deadly weapon , I pay my $800 bail and i'm finally let out. So now 4 hours after i'm stopped I have to go and pay another $160 to get my truck out of the tow yard.
This is my first offense of any kind except speeding/traffic, and 1 mip when i was 19, i'm 22 now.

Sorry for the long story but just had to give the whole picture.
Can you really be arrested for no proof of insurance, cuffed, then searched?
Is a lawyer recommended for this kind of case or would just going to the judge and talking about it with him be better? Do the crime do the time, i know... but $960 & 3hrs in one night because of a pipe, <1/2gram of mj, and couldn't find my insurance card? Seemed kinda ridiculous, but that's why I'm here asking for help/info.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Peligroso27]

What is the name of your state (only U.S. law)? TX
So I was going to a buddy's house for a christmas party. When I get close to the house there's no where to park so after the 2nd round the block I notice a cop right on my tail. I wasn't speeding or doing anything illegal. The cop follows me for about half a mile then pulls me over. She asks where i'm going and I told her to a friends house down the street, she asked which street, (I told her) then asked why i was driving around etc. I told her there was no where to park, so just driving around looking for a spot. She asked me If i had been drinking, I told her with all honestly I had 2 beers with my parents an hour and a half before, she said "maybe a few? and what size cans?" ( I weigh 210lbs so even 3 or 4 would put me under the legal limit). She asks for my license/insurance. I had my license but the only insurance card I could find was outdated. I was driving my dad's truck. Not expecting more than a ticket she told me to get out of the car and tells me i'm under arrest for failure to maintain financial responsibility. I was cuffed then patted by a 2nd officer who arrived at the scene shortly after her. He found a pipe and small bag of marijuana <1/2 gram. They threw me in the squad car. They searched the entire truck while i was in the car, found nothing, then waited for a tow truck to haul it off. I get to the city jail and right after i'm checked in I tell the officer at the desk I would like to post bail, then she told me I had to wait until my record came clean. After sitting for 3 HOURS with 2 iceheads both in on PI's and a guy whos in for assault with a deadly weapon , I pay my $800 bail and i'm finally let out. So now 4 hours after i'm stopped I have to go and pay another $160 to get my truck out of the tow yard.
This is my first offense of any kind except speeding/traffic, and 1 mip when i was 19, i'm 22 now.

Sorry for the long story but just had to give the whole picture.
Can you really be arrested for no proof of insurance, cuffed, then searched?
Is a lawyer recommended for this kind of case or would just going to the judge and talking about it with him be better? Do the crime do the time, i know... but $960 & 3hrs in one night because of a pipe, <1/2gram of mj, and couldn't find my insurance card? Seemed kinda ridiculous, but that's why I'm here asking for help/info.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

You can expect to spend even more in fines, probation costs, court costs, and legal fees. It would have been irresponsible of the officer to allow you to continue to drive a vehicle that was not insured, so your vehicle was towed. Without the possession charge you would have likely been allowed to stay free with a ticket, this is left to the officers discretion. This is your second offense , the MIP is your first. Any time you face criminal charges you need a lawyer. The punishment for possession varies from county to county in Texas.

 

[joe86700]

You can expect to spend even more in fines, probation costs, court costs, and legal fees. It would have been irresponsible of the officer to allow you to continue to drive a vehicle that was not insured, so your vehicle was towed. Without the possession charge you would have likely been allowed to stay free with a ticket, this is left to the officers discretion. This is your second offense , the MIP is your first. Any time you face criminal charges you need a lawyer. The punishment for possession varies from county to county in Texas.

Sorry I forgot to put the mip was for alcohol, does that still matter? This is the first drug possession/paraphernalia charge on my record.

 

[cyjeff]

I don't know why people think this, but a conviction of any kind means that the next conviction of any kind would be your second offense.

You don't get to say, "Well, we need to look at this bank robbery as my first BANK offense because all I did before was murder."

If you don't like the people you associate with in prison, I would change my illegal drug habits.

 

[Peligroso27]

Sorry I forgot to put the mip was for alcohol, does that still matter? This is the first drug possession/paraphernalia charge on my record.

Judging by your attitude in your post it won't be your last.

 

[CavemanLawyer]

In Texas there are only two offenses which you cannot be physically arrested for, speeding and open container. So yes it is lawful to be taken to jail for not having proof of insurance. Of course 99% of the time that a person cannot provide insurance, they are given a citation or a warning. But in your case and in many other cases, the officer clearly suspects that the person has something illegal in their case and they have no probable cause to search for it, so they arrest the person on the traffic violation. Once arrested they are entitled to do at least a limited search of the vehicle incident to arrest and a complete search of the vehicle to conduct an inventory before it is towed.

It is perfectly legal and an accepted law enforcement tactic and the officer's suspicions in this case were apparently correct.

Do yourself a favor and hire an attorney. A class B or higher conviction of any kind in Texas is permanently on your record and it looks terrible to employers and institutions.

 

[cyjeff]

I would give even money that the cop thought that someone driving slowly through a neighborhood for a mile and a half was looking for a car to break into.

The first couple of questions would be logical, then.

 

[Peligroso27]

In Texas there are only two offenses which you cannot be physically arrested for, speeding and open container. So yes it is lawful to be taken to jail for not having proof of insurance. Of course 99% of the time that a person cannot provide insurance, they are given a citation or a warning. But in your case and in many other cases, the officer clearly suspects that the person has something illegal in their case and they have no probable cause to search for it, so they arrest the person on the traffic violation. Once arrested they are entitled to do at least a limited search of the vehicle incident to arrest and a complete search of the vehicle to conduct an inventory before it is towed.

It is perfectly legal and an accepted law enforcement tactic and the officer's suspicions in this case were apparently correct.

Do yourself a favor and hire an attorney. A class B or higher conviction of any kind in Texas is permanently on your record and it looks terrible to employers and institutions.

I agree with your entire post except the last part. Texas has just changed the waiting period to seal or non-disclose a misdemeanor conviction, which is likely to happen in this case, to two years from five.

 

[CavemanLawyer]

I agree with your entire post except the last part. Texas has just changed the waiting period to seal or non-disclose a misdemeanor conviction, which is likely to happen in this case, to two years from five.

You must be thinking of a State other than Texas because it is not possible to ever seal or obtain a non-disclosure order for a conviction in Texas. Look at Government Code Section 411.081(d). The sealing of any records is just one part of the non-disclosure procedure, but a petition for non-disclosure is only allowed for someone who successfully completes deferred adjudication community supervision. If you are finally convicted of a crime in Texas it can only be removed from your record through a pardon.

If convicted of a Class B misdemeanor or higher crime in Texas it is permanently on your record. You can wait five years or fifty-five years, it doesn't matter.

Now deferred probation is not at all an unlikely result in the poster's situation and if he completes it than he could file a petition of non-disclosure. I warned him to get himself an attorney though because many people just walk in and pay a $200 fine and not realize that they have permanently labeled themself with a conviction.

 

[Peligroso27]

Under Section 411.081(d), the defendant has to wait a certain period of time after the date of discharge and dismissal before filing a petition for an order of nondisclosure. The operative date is not the date that the defendant entered his plea: it is the date that the deferred adjudication was concluded. All felonies after 5 years from date of discharge and dismissal and all misdemeanors, save a short list of crimes, can be filed for non-disclosure immediately. All others except a list of disqualified crimes, violent crimes and DV, have a two year waiting period.

 

[CavemanLawyer]

Under Section 411.081(d), the defendant has to wait a certain period of time after the date of discharge and dismissal before filing a petition for an order of nondisclosure. The operative date is not the date that the defendant entered his plea: it is the date that the deferred adjudication was concluded. All felonies after 5 years from date of discharge and dismissal and all misdemeanors, save a short list of crimes, can be filed for non-disclosure immediately. All others except a list of disqualified crimes, violent crimes and DV, have a two year waiting period.

I know all of this and I don't understand why you are focusing on the period of time someone has to wait before filing a petition of non-disclosure. The point is that you simply cannot file for a petition of non-disclosure at all if you are convicted of your crime.

Again, petitions of non-disclosure are only available to people who have received deferred adjudication community supervision and completed it. When you are given deferred adjudication you are not convicted so long as you complete your probation. After completing probation you are discharged from community supervision and the criminal case is dismissed by the court. This is the one and only type of outcome your case can have to file a petition of non-disclosure.

However if you are convicted (ex: sentenced to non-deferred probation, a fine, or incarceration in jail or prison) than 411.081 doesn't even apply and there is no other Texas law that allows you to remove the record of your conviction from DPS's records or from the NCIC.

You cannot, "seal or non-disclose a misdemeanor conviction," period.

 

[Peligroso27]

I know all of this and I don't understand why you are focusing on the period of time someone has to wait before filing a petition of non-disclosure. The point is that you simply cannot file for a petition of non-disclosure at all if you are convicted of your crime.

Again, petitions of non-disclosure are only available to people who have received deferred adjudication community supervision and completed it. When you are given deferred adjudication you are not convicted so long as you complete your probation. After completing probation you are discharged from community supervision and the criminal case is dismissed. This is the one and only type of outcome your case can have to file a petition of non-disclosure.

However if you are convicted (ex: sentenced to non-deferred probation, a fine, or incarceration in jail or prison) than 411.081 doesn't even apply and there is no other Texas law that allows you to remove the record of your conviction from DPS's records or from the NCIC.

You cannot, "seal or non-disclose a misdemeanor conviction," period.

Sorry, I misunderstood your post.

 

[joe86700]

In Texas there are only two offenses which you cannot be physically arrested for, speeding and open container. So yes it is lawful to be taken to jail for not having proof of insurance. Of course 99% of the time that a person cannot provide insurance, they are given a citation or a warning. But in your case and in many other cases, the officer clearly suspects that the person has something illegal in their case and they have no probable cause to search for it, so they arrest the person on the traffic violation. Once arrested they are entitled to do at least a limited search of the vehicle incident to arrest and a complete search of the vehicle to conduct an inventory before it is towed.

It is perfectly legal and an accepted law enforcement tactic and the officer's suspicions in this case were apparently correct.

Do yourself a favor and hire an attorney. A class B or higher conviction of any kind in Texas is permanently on your record and it looks terrible to employers and institutions.

Thanks for the info, I know I screwed up but I was completely shocked when I was pulled out of the vehicle and cuffed for the insurance thing. I've been pulled over my fair share of times and have had officers search my vehicle but never been cuffed/patted down. I will definitely be hiring an attorney.

 

[joe86700]

Judging by your attitude in your post it won't be your last.

Are you a future teller or a mind reader? Look, I got an mip at a party where i was Not drinking when I was 19. I did community service, AA, etc. I'm now 22. Besides that, and a few speeding tickets I have never had any problems with the law. Everyone I've talked to said what happened to me was bullcrap and she can't do that blah blah, and i have also heard things like that since i wasn't read my Miranda rights I can't be arrested. I know that has nothing to do with it. So in search of a more educated response to my questions about this situation I came here. For help, not your opinion on my attitude.