425 S.W.3d 554
Tex. App.2014Background
- Officer Dickinson stopped Roy Anthony Francis at ~2:30 a.m. for driving at night without headlights and arrested him for DWI.
- Francis moved to suppress arguing fog lights alone at night are not a traffic violation; trial court denied.
- Francis pled guilty with 100 days’ confinement suspended, 18 months’ community supervision, $750 fine; he appeals denial of suppression.
- At the suppression hearing, the officer explained fog lights vs headlights and testified headlights are required at night; the State argued in pari materia readings support a violation.
- The trial court referenced minimum lighting requirements and denied the suppression; this court must determine whether driving with only fog lights at night violates the Transportation Code.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is driving at night with only fog lights a traffic violation? | Francis contends no headlights are required by statute. | State argues headlights are required and can be read with related sections. | Yes; driving without headlights at night violates the code. |
| Do the cited Transportation Code provisions require headlights at night when fog lights exist? | Reading 547.302(a) alone shows no headlamps required. | Reading 547.302, 547.321, 547.328 supports a violation. | Headlamps are required at night; fog lights alone do not satisfy the duty. |
| Is there any statutory conflict preventing a finding of a traffic violation? | Argues potential conflict among sections; absurd results avoided. | No irreconcilable conflict; specific provisions prevail when necessary. | No irreconcilable conflict; statutes construed to require headlights at night. |
| Was the stop and denial of suppression proper under the statutory framework? | Disagrees with the stop’s basis. | Stops valid under 547.302 and related provisions. | Motion to suppress properly denied; judgment affirmed. |
Key Cases Cited
- State v. Gray, 158 S.W.3d 465 (Tex. Crim. App. 2005) (probable cause for traffic-stop based on observed offense)
- Anderson v. State, 701 S.W.2d 868 (Tex. Crim. App. 1985) (driving without headlights at night is a traffic offense)
- Throneberry v. State, 109 S.W.3d 52 (Tex. App. Fort Worth 2003) (analysis of nighttime lighting requirements)