2022-014 MV Equipment EnforcementDate: February 25, 2022 Report No. 2022-014
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
Motor vehicle equipment enforcement
EXECUTIVE SUMMARY:
A request for information about Denton Police Department enforcement of equipment violations
and dispositions was received from Council Member Armintor on February 11, 2022. This
Informal Staff Report provides Mayor Hudspeth and Council information on where enforcement
authority originates from as well as information on traffic stops from the 2021 Annual Traffic
Contact Report.
DISCUSSION:
For well over three decades, the policy of the Denton Police Department has been to educate the
motoring public regarding traffic regulations. This approach is facilitated through education
programs as well as enforcement of those regulations on the street. Enforcement of traffic
regulations may consist of verbal warnings, written warnings, citations, and/or physical arrests.
The intention of these efforts is to achieve voluntary compliance of the motoring public with
these traffic regulations.
When delving into the authority that the Denton Police Department has for enforcement of traffic
regulations, it begins with statutory authority. Officers of the Denton Police Department are
recognized, by definition, as Peace Officers in Art. 2.12 of the Code of Criminal Procedure. As
part of this recognition, they are granted the ability to regulate traffic under Section 541.002 of
the Transportation Code. Under the City of Denton Municipal Ordinances, Section 23-1, officers
are invested with the power and authority given to them as peace officers to enforce all City of
Denton ordinances and regulations within the corporate limits of the city.
The majority of equipment-related regulations within the city fall under State law. The State
takes the viewpoint that having mechanically safe vehicles on the roadway equipped with
identified pieces of equipment is beneficial for the safety of the motoring public. When an
officer makes a stop on a vehicle for a violation, that identified violation is the first item of
business for the officer to resolve. If the equipment violation is the only violation discovered
and the driver has a current license along with proof of financial responsibility, then a warning
may be applicable. It should be noted that equipment-related offenses are ones that can be
dismissed by the court if the defendant remedies the defective equipment prior to their first court
appearance and pays a reimbursement fee, not to exceed $10 (Sec. 547.004 Transp. Code).
Once contact with the driver of the vehicle stopped is made, officer observations and
investigations can have an effect on the outcome of the stop. If once contact is made, the officer
makes other observations that warrant additional investigation for other violations, potentially
criminal, then it is quite possible that the driver may be arrested from a stop that began with an
equipment violation. Examples of these type of offenses may be Driving While Intoxicated
(DWI), weapons offenses, narcotics violations, or outstanding warrants. Furthermore, if the
Date: February 25, 2022 Report No. 2022-014
officer determines that the violation warrants a citation, but the officer is unable to positively
identify the driver, or the driver refuses to sign the citation (promise to appear), an arrest may be
made to bring that person in front of a magistrate immediately. Section 543.001 and 543.005 of
the Transportation Code provides the authority for this outcome.
As a part of the Annual Traffic Contact Report, there were 12,018 traffic stops conducted by the
Department. The report shows 2,281 traffic stops were for issues related to equipment violations.
From the information available from the Annual Traffic Contact Report, the following
disposition for the overall number of traffic stops showed the following:
• Verbal Warning – 5716
• Written Warning – 1361
• Citation – 4152
• Written Warning and Arrest – 5
• Citation and Arrest – 62
• Arrest – 722
o Arrest Based on Violation of Traffic Law – 40
These numbers indicate a very low percentage of traffic stops for violations of traffic law that
resulted in arrests.
The department continues to utilize our social media channels and the City of Denton
Communications team to facilitate the sharing of pertinent information related to traffic safety
and will continue in this effort. Please feel free to reach out to me if you have any questions or
concerns.
STAFF CONTACT:
Frank Dixon, Chief of Police / Interim Assistant City Manager
940-349-7925
Frank.dixon@cityofdenton.com
REQUESTOR:
Council Member Deb Armintor
STAFF TIME TO COMPLETE REPORT:
4 hours