TexasCHLforum.com

gigag04 wrote:

tomtexan wrote:

gigag04 wrote:This
CHL pops up as a TCIC hit, so any time you are checked for warrants essentially, it will pop up.

I believe that information is incorrect. It only comes up on a DL check, not a warrant check.

Believe as you wish.

One of my company vehicles came up on a LP check for a warrant. An ex-employee was given a speeding ticket while driving it. The Plano police claim they can't clear it until the ex-employee comes in and pays the ticket. It is the silliest thing I have ever heard but there was something to it as our service manager was stopped over the issue. My reason for posting this is that this makes me wonder how much info may be tied in with the LP.

03Lightningrocks wrote:One of my company vehicles came up on a LP check for a warrant. An ex-employee was given a speeding ticket while driving it. The Plano police claim they can't clear it until the ex-employee comes in and pays the ticket. It is the silliest thing I have ever heard but there was something to it as our service manager was stopped over the issue. My reason for posting this is that this makes me wonder how much info may be tied in with the LP.

When a police officer in a patrol car runs a check on something, he is very rarely accessing TLETS directly. It is almost always done through a program that his agency either purchased or wrote. As such, the program can be told to check anything with that information.

For example, when a license plate is run in San Antonio, the program checks the municipal court records for warrants, checks the active suspicious persons file for any entries, checks the active gang unit files to see if the vehicle has been reported as being involved with gang members, checks the state registration files, and checks with both NCIC and TCIC to see if the car has been reported stolen or wanted for some other reason (AMBER alert or such). In Luling, the car is run byt he dispatcher (no computers in the cars) and it is pretty much just the state checks that are done by TCIC.

I would guess, from the description, that Plano is also checking their local files whenever they run a plate. And they are correct that they cannot do anything about it until the ex-employee pays it. The basic facts are that the record shows that the car was being driven by someone who got a ticket and did not pay it. The only way to change that is to pay the ticket. The interesting thing to do is pay it for him. If it is not paid and the city asks, DPS won't renew the license but the conviction doesn't show up for his insurance to find until the ticket is paid. Paying it could result in higher insurance rates for him (or fraud charges if the company wants to and he did not tell them about it).

srothstein wrote:

03Lightningrocks wrote:One of my company vehicles came up on a LP check for a warrant. An ex-employee was given a speeding ticket while driving it. The Plano police claim they can't clear it until the ex-employee comes in and pays the ticket. It is the silliest thing I have ever heard but there was something to it as our service manager was stopped over the issue. My reason for posting this is that this makes me wonder how much info may be tied in with the LP.

When a police officer in a patrol car runs a check on something, he is very rarely accessing TLETS directly. It is almost always done through a program that his agency either purchased or wrote. As such, the program can be told to check anything with that information.

For example, when a license plate is run in San Antonio, the program checks the municipal court records for warrants, checks the active suspicious persons file for any entries, checks the active gang unit files to see if the vehicle has been reported as being involved with gang members, checks the state registration files, and checks with both NCIC and TCIC to see if the car has been reported stolen or wanted for some other reason (AMBER alert or such). In Luling, the car is run byt he dispatcher (no computers in the cars) and it is pretty much just the state checks that are done by TCIC.

I would guess, from the description, that Plano is also checking their local files whenever they run a plate. And they are correct that they cannot do anything about it until the ex-employee pays it. The basic facts are that the record shows that the car was being driven by someone who got a ticket and did not pay it. The only way to change that is to pay the ticket. The interesting thing to do is pay it for him. If it is not paid and the city asks, DPS won't renew the license but the conviction doesn't show up for his insurance to find until the ticket is paid. Paying it could result in higher insurance rates for him (or fraud charges if the company wants to and he did not tell them about it).

Thank you very much. Your devious...LOL. I may do that if the ticket amount isn't too high. Plano can levy some pretty stiff fines. Especially if they are allowed to turn into an arrest warrant. It is mostly a nusance factor for us. I am taking this and the other posts here to mean they have no way of knowing about a CHL unless they have a DL or some other identifying info. In other words... Not tied in with the L.P.

Thanks again for the suggestion.

shootthesheet wrote: Isn’t there a state law that we have to lock our vehicle doors?

Riiight...

alexrex20 wrote:

shootthesheet wrote: Isn’t there a state law that we have to lock our vehicle doors?

Riiight...

Considering it isagainst the law to "warm up your car", I wouldn't be surprised...

wgoforth wrote:

alexrex20 wrote:

shootthesheet wrote: Isn’t there a state law that we have to lock our vehicle doors?

Riiight...

Considering it isagainst the law to "warm up your car", I wouldn't be surprised...

Texas Transportation Code

§ 545.404. UNATTENDED MOTOR VEHICLE. An operator may not
leave the vehicle unattended without:
(1) stopping the engine;
(2) locking the ignition;
(3) removing the key from the ignition;
(4) setting the parking brake effectively; and
(5) if standing on a grade, turning the front wheels to
the curb or side of the highway.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.


The legislation (in my opinion) is in place to prevent theft, not pollution as many people believe (not saying you). There is no law that says you can't leave your vehicle unlocked. A Jeep Wrangler is available as a soft top with zip-up windows. You don't need keys to get inside.

With that said, every time somebody uses their remote engine start, they are breaking the law. Though I've never heard of anyone getting cited for it.

IIRC Plano uses plate readers. They load their unpaid tickets and the involved vehicle into the LPR system. If it pops up, it's a local system. Such info is not tied T/N CIC.

alexrex20 wrote:With that said, every time somebody uses their remote engine start, they are breaking the law. Though I've never heard of anyone getting cited for it.

Not necessarily true..... Here is why I say that:
Texas Transportation Code

§ 545.404. UNATTENDED MOTOR VEHICLE. An operator may not
leave the vehicle unattended without:
(1) stopping the engine;
(2) locking the ignition; -- The ignition is still technically locked
(3) removing the key from the ignition; -- The key is removed from the ignition
(4) setting the parking brake effectively; and -- Does everyone with an automatic set their parking brake effectively (that is open to interpretation)
(5) if standing on a grade, turning the front wheels to
the curb or side of the highway.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

alexrex20 wrote: Texas Transportation Code

§ 545.404. UNATTENDED MOTOR VEHICLE. An operator may not
leave the vehicle unattended without:
(1) stopping the engine;
(2) locking the ignition;
(3) removing the key from the ignition;
(4) setting the parking brake effectively; and
(5) if standing on a grade, turning the front wheels to
the curb or side of the highway.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

I wonder if there is any exemption for emergency vehicles/LEOs? Most unattended police vehicles that I have been around are constantly running.

srothstein wrote:I would guess, from the description, that Plano is also checking their local files whenever they run a plate. And they are correct that they cannot do anything about it until the ex-employee pays it. The basic facts are that the record shows that the car was being driven by someone who got a ticket and did not pay it. The only way to change that is to pay the ticket.

Does that mean if a tourist from out of state gets a speeding ticket in a rental car, it will show up for subsequent renters until they pay the ticket, or the car rental company pays it?

Depends on how that agency handles things. Speaking for my own agency, (an SO), we operate a linked system with the local PD, (as well as EMS, FD, TXDOT). The local Municpal Court files their traffic violation and other Class C warrants linked to the license plate of the vehicle that was involved at the time the citation was issued. Since we all share the same system, a check of that license plate will return with those warrants.

That said - every agency will likely have their own interpretation of what they can do with this info. Our agency has determined that this alone is not PC to make a stop on that vehicle. All it says is that at some point, someone was in that vehicle and got a ticket, which they then failed to take care of. There is no guarantee that the person who was originaly cited is in that vehicle at this time.

Of course, that's not to say that depending on the deputy, that he/she won't follow that vehicle for a bit to try and get a good stop on it.

AFCop wrote:

alexrex20 wrote:With that said, every time somebody uses their remote engine start, they are breaking the law. Though I've never heard of anyone getting cited for it.

Not necessarily true..... Here is why I say that:
Texas Transportation Code

§ 545.404. UNATTENDED MOTOR VEHICLE. An operator may not
leave the vehicle unattended without:
(1) stopping the engine;
(2) locking the ignition; -- The ignition is still technically locked
(3) removing the key from the ignition; -- The key is removed from the ignition
(4) setting the parking brake effectively; and -- Does everyone with an automatic set their parking brake effectively (that is open to interpretation)
(5) if standing on a grade, turning the front wheels to
the curb or side of the highway.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.

Ya, I wasn't quite sure how to interpret the law. To qualify as an unlawful act, does it require all criteria to be met, or only one?

To me, and the way I believe it to be, if the word and is used it is inclusive. i.e The truck has to be red AND white in order to be authorized. The use of the word or it is either one. i.e. The truck has to be red or white in order to be authorized. In reading the two setences, there is a significant difference.

Hope this helps.

Ameer wrote:

srothstein wrote:I would guess, from the description, that Plano is also checking their local files whenever they run a plate. And they are correct that they cannot do anything about it until the ex-employee pays it. The basic facts are that the record shows that the car was being driven by someone who got a ticket and did not pay it. The only way to change that is to pay the ticket.

Does that mean if a tourist from out of state gets a speeding ticket in a rental car, it will show up for subsequent renters until they pay the ticket, or the car rental company pays it?

The rental car company has the renters credit card info and also has a signed contract with the renter making him/her responsible for the ticket, tolls, accidents and any other incidentals. I am not sure how they would handle it but in the end they could come after you for the money and if you didn't pay, mess up your credit record.

With a company truck, I am very limited in what I can do about an ex-employee.