One question many new and young drivers have in Texas is “Can you be arrested for a traffic violation?” Certain offenses would clearly warrant being arrested, such as:
- DUI/DWI
- Dangerous/Reckless Driving
- Driving on a Suspended/Revoked Driver License
Yet, there are also other minor offenses where one can be arrested in Texas by law enforcement officers. In fact, there are only three traffic violations that motorists cannot be arrested for by the police in Texas.
Traffic Violation #1: Speeding
If you are caught speeding in Texas, you are issued a citation (speeding ticket). As long as you sign the citation issued by the officer, you cannot be arrested. However, if you refuse to sign the citation, then the officer has the right to place you under arrest. Also if the speed that you are traveling is far over the speed limit that it turns into reckless driving then an arrest is possible.
Traffic Violation #2: Open Container
If you are found violating the open container law, where you have open alcoholic beverages in the vehicle, you cannot be arrested. Rather, a citation is issued. The exception, of course, is if the driver is under the influence and has open containers in the vehicle. Then they could be arrested for a DUI. If you refuse to sign the citation, you can also be arrested.
Traffic Violation #3: Texting-While-Driving
If you are stopped as part of the new texting-while-driving ban law that went into effect back on September 1, 2017, you cannot be arrested. Yet, if you refuse to sign the citation, then you can be arrested.
Besides these three traffic violations, the only other time you cannot be arrested for a traffic violation is if you make a written promise to appear in traffic court. This written promise to appear is at the officer’s discretion. If you are stopped for any other traffic violations in Texas, you can be arrested, even for something as minor as failing to yield the right-of-way.
Can I Get a Ticket Dismissed or Traffic Violation Forgiven?
There are only a few exceptions where it is not possible to get a ticket dismissed or have a traffic violation forgiven. These include:
- Passing a stopped school bus.
- Speeding at 95 mph or higher.
- Leaving the scene of a car crash.
- Exceeding the speed limit by 25 mph or higher.
- Any traffic violation in a construction zone where workers are present.
As long as you were not charged with one of the above traffic violations, then you can request to complete a court-ordered defensive driving course online in exchange for having the ticket dismissed or the traffic violation forgiven.
How Do I Avoid Potentially Getting Arrested for Traffic Violations in Texas?
The best way to avoid getting arrested for a traffic violation or having a citation issued is by completing a Texas accredited defensive driving online course. This course reviews the current traffic laws and regulations. It also teaches you how to become a better driver. When you drive defensively, you are less likely to violate traffic laws.
While it might seem strange to be arrested for a minor traffic violation in Texas, it is always a possibility. The best solution is to obey all traffic laws and drive defensively. By completing a defensive driving course online you may also qualify for an insurance discount.
To learn more about our Texas accredited defensive driving online course or to enroll, visit our Texas driving courses page. If you have further questions, do not hesitate to contact Ticket School at (800) 558-9887 today!