Is there a procedure that an officer must follow in order to issue you a citation for speeding after you have been pulled over?

UPDATED: Apr 13, 2015

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Is there a procedure that an officer must follow in order to issue you a citation for speeding after you have been pulled over?

I was traveling down a hill when an officer pulled me over for going 42 in a 30. When he came up to the car he asked no questions. He just straight up told me that he tagged me at going 42 in a 30. He asked for my ID but not for proof of insurance or proof of vehicle ownership. He didn’t ask why I was speeding or even if I knew how fast I was going. All he did was take my ID to his car and came back to issue the citation. This is the first time I had ever been pulled over which causes me to wonder why I wasn’t even issued a warning. Is there anything about this encounter that the officer may have done incorrectly?

Asked on April 13, 2015 under Criminal Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

What you have described is a little odd, but not illegal on the officer's part.  Nine times out of ten they will ask for proof of ownership-- but with new reporting data bases, they may know without having to ask you. Many will still ask for it just to buy a couple of minutes to see if there is any other illegal activity going on.  However, the failure to ask more questions does not invalidate the ticket... it just makes it a quicker stop. 

As far as the warning versus ticket.... each police department has it's own set of policies and procedures.  Some do not believe in warnings and the law does not require them to issue a warning.  Other's do give warnings or they give officers the discretion of issuing warnings.  If you want to know what this department's policy is, start by checking out their website.  It may give you some clues.  You may also want to arrange a consultation with an attorney that routinely handles traffic tickets in your area.  He may know of something that was going on with this officer-- which would explain the unusual behavior-- and that knowledge may help with your case.

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