Let's "assume" for a moment that all cops are dumbasses, like so many on here "presume," then they will rely on what they have been taught, and believe the person sitting at the light or stop sign is "operating a motor vehicle" and it's not "stopped"! Originally Posted by LexusLover
Assume?Apparently your account is disabled, but in the event you re-acquire access ....
I am a natural born smart ass.
In case this seems to become a petty argument, it is not my intention. So fiddling with your in-dash screen as the car is moving does not fall under the same law? Originally Posted by eccieuser9500
... but you weren't naturally born smart ... if you "assume" that ALL COPS are dumbasses.
... the statistics of our overcrowded jails and prisons prove your "assumption" is inaccurate to say the least.
Rule: NEVER underestimate your opponent.
You're focusing on "on" vs. "off" ... so you can win the discussion?
The "OPERATIVE" word is "OPERATING" ... the logical consequences of having read many cases on DWI's it is my belief that sitting in a motor vehicle at a traffic control device regulating the flow of traffic in a public roadway is ..... "OPERATING" a motor vehicle pursuant to the Texas Transportation Code. That was the "scenario" in the proposed factual situation/question, right?
My suggestion was be conservative until things get sorted out, which is either a revision in the law to clarify any misconceptions or sufficient time has passed for DA's to fully inform the LE within their jurisdiction with guidance on "enforcement" of the law based on what the State will prosecute IN THAT JURISDICTION (Harris and Surrounding Counties here).
