500-18 TRAFFIC VIOLATIONS BY LEGISLATORS AND MILITARY PERSONNEL Flashcards
Under certain circumstances, legislators and United States military personnel are exempt from _____
arrest or issuance of citations for traffic violations.
LEGISLATORS
The Texas Code of Criminal Procedure, Chapter I, Article 1.21, “Privilege of Legislators” states:
“Senators and Representatives shall, except in cases of _____, be privileged from arrest during the session of the Legislature, and in going to and returning from the same, allowing _____ such member may reside from the place at which the Legislature is convened.”
1) treason, felony or breach of the peace
2) one day for every twenty miles
LEGISLATORS
Officers should use their discretion when deciding whether to issue a citation to a Texas Senator or Representative when _____. Also, officers shall not unnecessarily or unreasonably delay the legislator.
the legislature is in session
MILITARY PERSONNEL AND EQUIPMENT
When military vehicles display a military license plate, they are exempt from _____ and do not have to comply with _____. If a military vehicle displays a state plate it is regulated as any other vehicle.
1) equipment violations
2) state regulations
MILITARY PERSONNEL AND EQUIPMENT
The following are exempt from driver license requirements as stated in the Texas Transportation Code, Chapter 521, “Driver’s Licenses and Certificates:”
a. Any person in military service of a state (e.g., National Guard) or the United States while operating an official motor vehicle in the _____.
b. Any nonresident on ______ in the armed forces of the United States who holds a license issued by the person’s state or Canadian province of residence.
a. Any person in military service of a state (e.g., National Guard) or the United States while operating an official motor vehicle in the scope of military service.
b. Any nonresident on active duty in the armed forces of the United States who holds a license issued by the person’s state or Canadian province of residence.
MILITARY PERSONNEL AND EQUIPMENT
Military personnel are not exempt from moving traffic violations or arrest, unless extraordinary circumstances exist (e.g.,
martial law or war). However, before issuing a citation to military personnel who are on duty and in uniform, officers should try to _____ in an effort to resolve the situation so the outcome shall be mutually beneficial.
contact the person’s commanding officer through the dispatcher
MILITARY PERSONNEL AND EQUIPMENT
Officers should use their discretion when deciding whether to issue a citation to military personnel traveling on _____
Officers shall not interfere with a _____ unless an unusual or extraordinary situation exists.
1) orders of reassignment.
2) military convoy
MILITARY PERSONNEL AND EQUIPMENT
If the driver of a military vehicle is placed under arrest and there is no other person available to operate the vehicle, the vehicle shall be handled normally as per General Order 600-10, Towing. If the vehicle is unusual or extremely heavy (e.g., tanks and other similar equipment) and cannot be removed by normal means, officers shall _____
contact the dispatcher to have the military assign their personnel to remove the vehicle.
MILITARY PERSONNEL AND EQUIPMENT
Military personnel arrested for any serious traffic offense (e.g., DWI, FSRA, or negligent homicide) shall be handled as any
other citizen. This applies regardless of whether the person is operating a military or private vehicle or whether the person is on or off duty. But, before the prisoner is booked, officers shall _____. The district attorney’s office shall make the decision whether to charge the suspect or turn him over to the suspect’s commanding officer or the military police.
call the district attorney’s office and make every effort to contact the prisoner’s commanding officer and advise him of the situation
