By Allen, Texas Criminal Defense Lawyer Kyle T. Therrian
Office Number: (972) 562-7549
24 Hr Jail Release: (214) 403-6522

Motion to suppress illegal traffic stop granted. Plano police officer stopped individual for driving a “dually” Ford F350 without mud flaps. Successfully argued on behalf of client that State failed to satisfy their burden of proving that a Ford F350 was a “truck” as defined under the Texas Transportation Code. The Legal argument is summarized below.

Texas Transportation Code 547.606 requires “safety guards or flaps” on a “road tractor, truck, trailer, truck-tractor in combination with a semitrailer, or semitrailer in combination with a towing vehicle” when that vehicle has four tires or two super single tires on the rearmost axle.

Texas Transportation Code 541.201 contains the relevant definitions for this particular statute. It defines “truck” as “a motor vehicle designed, used, or maintained primarily to transport property.” This section also envisions vehicles that the general public would consider a truck to not fall within this definition.

Much to everyone’s initial confusion, questioning by defense focused upon the luxury features and seating capacity to show that the vehicle was neither “designed” nor “used” for the primary purpose of transporting property. With no evidence to suggest the vehicle met the statutory definition of “truck” the judge granted the motion to suppress all evidence obtained following the illegal stop. State was required to dismiss the case by virtue of the ruling.

*Kyle Therrian is an attorney licensed to practice in the State of Texas. Nothing in this article is intended to be legal advice. For legal advice on any case you should contact an attorney directly.