Hurley's Gold

I think my CHL got me out of a ticket

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  • BDHES

    New Member
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    Sep 13, 2010
    6
    1
    LaCoste, TX
    I can now safely report that if you're doing 20mph over the speedlimit, a CHL will do jack shit when you're pulled over by a motorcycle cop ON your motorcycle. HA. :(

    Well, there goes any money you may have saved by getting out of the earlier tickets.

    Personally? I think after the 2nd or 3rd time getting pulled over, I'd be a shade more cautious with my driving habits.

    The Castroville PD portion caught my attention. They are fond of "asking" to search the vehicle there. Last time I was stopped, they asked if I "minded" if they searched my vehicle. I just said "Yes, I mind" and that was that. Unless you've got some kind of contraband visible or the smell of booze or pot leaking out of your car, you've given no probably cause and do not have to consent to a search, no matter how politely they may ask, if they have probably cause, they won't be asking you anyway.

    Good luck dealing with a 20+ MPH over the limit ticket, that one may get a bit expensive.

    Thanks,
    BD
     

    Adionik

    Active Member
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    Sep 16, 2009
    423
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    san antonio
    You sure do get pulled over a lot.

    Driving a bright yellow, turbo, muffler-less exhaust SRT-4 will have that effect on cops. There is absolutely nothing different I could've done about the Castroville situations to improve my driving habits. They are looking for someone to pull over. I fit the bill.

    That sounds a little Elitist to me. I think a warning was fare, but I think it is Elitist to say your CHL is what got you the warning. And why in the world would you allow them to disarm you. If you were in your vehicle, you dont have to show them your CHL card. You dont even need that card inside your vehicle. Everyone I know puts their gun within fast reach while in their vehicle. If you had your gun in your console your shouldnt have shown the cops your CHL card.
    My cop buddy rides around when off duty with his handgun in his lap. When he told me that I thought it was such a good idea that I started doing it sometimes. If you get pulled over just put the thing in the console.
    Elitist? Lol. You're supposed to show them your CHL when you get pulled over. Your gun cannot be visible in the car under any circumstances...that's how people can get away with carrying in their car without a CHL. So why would you want it showing when the cop pulls you over? I have mine in the cup holder when i'm driving around, but you'd bet your ass i'd put it inside the console when I got pulled over.
     

    BDHES

    New Member
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    Sep 13, 2010
    6
    1
    LaCoste, TX
    As for not showing your CHL when stopped, that's a no brainer. They already know you have one, as it shows up on the check. (If you're the registered owner of the vehicle I mean.) I've never seen a reason to not show CHL, because when they run your license, you're going to pop up anyway, then you can be sure they're going to ask if you're carrying. Why give them any ammuntion to think you're trying to hide something?
    You can toss out the old "none of their business" thinking, and while I agree that it shouldn't be important, in the real world, it surely is, and my only thinking when stopped is to be polite enough to hopefully avoid getting an expensive ticket! :cool:

    Thanks,
    BD
     
    Rating - 100%
    9   0   0
    Aug 17, 2010
    7,576
    96
    Austin
    As for not showing your CHL when stopped, that's a no brainer. They already know you have one, as it shows up on the check. (If you're the registered owner of the vehicle I mean.) I've never seen a reason to not show CHL, because when they run your license, you're going to pop up anyway, then you can be sure they're going to ask if you're carrying. Why give them any ammuntion to think you're trying to hide something?
    You can toss out the old "none of their business" thinking, and while I agree that it shouldn't be important, in the real world, it surely is, and my only thinking when stopped is to be polite enough to hopefully avoid getting an expensive ticket! :cool:

    Thanks,
    BD

    I've been pulled over 3 times since all penalties were removed from the requirement to inform. No LEO has asked or commented about my CHL.
     

    BDHES

    New Member
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    Sep 13, 2010
    6
    1
    LaCoste, TX
    I've been pulled over 3 times since all penalties were removed from the requirement to inform. No LEO has asked or commented about my CHL.

    I guess it must be a discretionary thing. I haven't been stopped since the change, but one of my buddies was and got the "question".

    Thanks,
    BD
     

    Adionik

    Active Member
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    Sep 16, 2009
    423
    1
    san antonio
    I believe that, obviously varying by officer, it's going atleast tell them that you've passed the background check and are SOMEWHAT of a law abiding citizen. Perhaps that is just the nudge they need to give you a break.



    Unless you're on a sports bike.
     

    mtaylor

    Member
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    Sep 1, 2010
    51
    1
    Montgomery, Texas
    Vehicle searches typically fall into 2 categories, 1.) Consent searches 2.) Probable cause searches

    Probable cause is not based on "any little reason".... i'm not telling you what to do when you get stopped, just letting you know there has to be a reason to search your car.

    Is that video a couple posts back for real? It looks like a bad SNL sketch....that lawyer is giving bad advice in hopes of getting folks arrested therefore generating more business for him. lmao.....

    I didn't watch the video, because it is 45 minutes long and unlike others, I actually pay for my internet usage...

    That being said, I can only add this to the discussion.

    Remember, in every encounter with an LEO the LEO is a witness for the prosecution. Anything you say to him WILL be used any way the DA desires. So, when asked if one can search your vehicle, or do you mind, my answer is, You may not conduct any searches without a warrant or probable cause. I will be happy to fully cooperate in any other way just as soon as my attorney arrives....
     

    smschulz

    Paid for CUT
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    Apr 13, 2008
    546
    11
    Houston, Texas
    Well, it didn't work this time.
    Got a ticket last week from DPS .
    Previous 3 stops over 3-4 years ~ Warning only.
    Oh well ~ the CHL magic is gone.:mad:
     

    Huntinggal

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    Aug 24, 2010
    26
    1
    dallas
    My hubby got pulled over on Labor day and got a lovely $200 ticket but they didn't ask if he had weapon in the car and he didn't show the CCW license (didn't know he was supposed to!)
     

    Texas42

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    Nov 21, 2008
    4,752
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    My hubby got pulled over on Labor day and got a lovely $200 ticket but they didn't ask if he had weapon in the car and he didn't show the CCW license (didn't know he was supposed to!)

    The old regulations required disclosure of CHL. The regulation is still in place, but there is no penalty for not showing your CHL.
     

    txinvestigator

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    May 28, 2008
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    Ft Worth, TX
    I didn't watch the video, because it is 45 minutes long and unlike others, I actually pay for my internet usage...

    That being said, I can only add this to the discussion.

    Remember, in every encounter with an LEO the LEO is a witness for the prosecution. Anything you say to him WILL be used any way the DA desires. So, when asked if one can search your vehicle, or do you mind, my answer is, You may not conduct any searches without a warrant or probable cause. I will be happy to fully cooperate in any other way just as soon as my attorney arrives....

    PC is not always required for a vehicle search (Terry V Ohio). A LEO is not required to tell what his PC or other justification is for a search. You can refuse a consent search, but it is unlawful to resist a search, even an unlawful one. He will not wait for your attorney to arrive if he believes he has an exception to the search warrant requirement.

    I have never had a LEO ask to search my car. I have seldom even been stopped, not tickets since about 2004 when I received one on Mockingbird headed west to Love field from the Toll Road in Dallas. Thought it was 40, got hit with 41 in a 30.

    If one ever asks, I don't care if he looks. However, if I did I would just say "I do not give my consent to search my vehicle". If he does anyway; well, that battle is fought later. ;)
     

    TxEMTP69

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    Feb 17, 2009
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    Rockport
    PC is not always required for a vehicle search (Terry V Ohio). A LEO is not required to tell what his PC or other justification is for a search. You can refuse a consent search, but it is unlawful to resist a search, even an unlawful one. He will not wait for your attorney to arrive if he believes he has an exception to the search warrant requirement.

    I have never had a LEO ask to search my car. I have seldom even been stopped, not tickets since about 2004 when I received one on Mockingbird headed west to Love field from the Toll Road in Dallas. Thought it was 40, got hit with 41 in a 30.

    If one ever asks, I don't care if he looks. However, if I did I would just say "I do not give my consent to search my vehicle". If he does anyway; well, that battle is fought later. ;)

    I've always held firmly that the side of the road is not the place to argue laws or legality
     

    Adionik

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    Sep 16, 2009
    423
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    san antonio
    I've always held firmly that the side of the road is not the place to argue laws or legality

    Exactly. The 1st cop that pulled me over tried telling me my car was too loud, but I couldn't get through his head that the car did not come with mufflers from the factory and that Texas recognized a turbo as a noise supressor....but he wouldn't have it.

    So I just quit speaking after I saw he wasn't going to budge
     

    txinvestigator

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    Exactly. The 1st cop that pulled me over tried telling me my car was too loud, but I couldn't get through his head that the car did not come with mufflers from the factory and that Texas recognized a turbo as a noise supressor....but he wouldn't have it.

    So I just quit speaking after I saw he wasn't going to budge


    Unless you were driving a diesel, he was correct.

    Texas Transportation Code

    Sec. 547.604. MUFFLER REQUIRED. (a) A motor vehicle shall be equipped with a muffler in good working condition that continually operates to prevent excessive or unusual noise.
    (b) A person may not use a muffler cutout, bypass, or similar device on a motor vehicle.


    Sec. 541.203. EQUIPMENT. In this subtitle:

    (3) "Muffler" means a device that reduces noise using:
    (A) a mechanical design, including a series of chambers or baffle plates, to receive exhaust gas from an internal combustion engine; or
    (B) turbine wheels to receive exhaust gas from a diesel engine.

    ;)
     

    Sid

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    Sep 14, 2010
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    Austin
    Exactly. The 1st cop that pulled me over tried telling me my car was too loud, but I couldn't get through his head that the car did not come with mufflers from the factory and that Texas recognized a turbo as a noise supressor....but he wouldn't have it.

    So I just quit speaking after I saw he wasn't going to budge

    Please tell me you don't have a fart can installed on your car. That along with the idiotic sub-woofers rattling my windows and walls are some of my biggest peeves.
     

    MR Redneck

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    Aug 20, 2010
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    Exactly. The 1st cop that pulled me over tried telling me my car was too loud, but I couldn't get through his head that the car did not come with mufflers from the factory and that Texas recognized a turbo as a noise supressor....but he wouldn't have it.

    So I just quit speaking after I saw he wasn't going to budge

    Your 100% right about the turbo. Actually a turbo works better than a muffler.
     

    OLDVET

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    Dec 14, 2009
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    Richardson, Texas
    I received a ticket here in Dallas a few months ago. I was exceeding the limit. This motorcycle jock was hiding next to the curb behind some bushes. He jumped out in front of my truck. I damned near ran him over. When he came up to my window, I gave him my driving license and CHL permit. He asked me if I had a gun in the truck. I said I had one in my console. He said we would be okay as long as I left it there. I told him I needed to get into the console to get my proof of insurance. He laughed and said he would trust me on having the insurance card. I got the ticket, but he never looked at my pistol or asked me to give it to him. Dallas cops can be supreme jerks sometimes, but this motor jock was cool. I would have thought more of him if he had just given me a warning ticket!! Alas, I was guilty and the incident was painless.
     

    Adionik

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    Sep 16, 2009
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    san antonio
    Please tell me you don't have a fart can installed on your car. That along with the idiotic sub-woofers rattling my windows and walls are some of my biggest peeves.

    No fart cans, just the way it came out of the factory...youtube "SRT-4"
     

    Clay

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    Nov 17, 2009
    29
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    Texas
    Noise is noise, regardless of how it came from the factory. However, Texas does not have a decibel standard so it’s up to the LEO’s opinion if it’s too noisy.

    Plaintiff’s opinion in court vs. LEO’s opinion in court = Leo’s opinion in court.
     
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