What Is an Illegal Traffic Stop in Texas?

Picture this: you’re driving home after a nice night at the bar. You’ve got the windows down, you’ve only had one or two beers, and life seems pretty good — until the blue and red lights start flashing behind you, and a cop pulls you over. You’d been driving in your own lane, obeying the speed limit, and your stickers are up to date, but somehow, you’re still on the side of the road being asked to take a breathalyzer test.

Here’s the thing that might surprise you: if your gut is telling you something doesn’t feel right about your traffic stop, you might be onto something. An illegal traffic stop in Texas occurs when law enforcement pulls you over without reasonable suspicion that you’ve committed a traffic violation or criminal offense. Police officers can’t just pull you over on a whim or because they have a “hunch” — they need specific, articulable facts that justify the stop.

If you suspect your traffic stop was illegal, don’t try to figure it out alone. Challenging the legality of a traffic stop requires deep knowledge of constitutional law and police procedures — and the resources to prove that these things were violated. This is exactly the kind of specialized expertise that Mark Thiessen and the team at Thiessen Law Firm bring to every case. Call us today at (713) 864-9000 and let us put our experience to work for you.

What is an unlawful stop in Texas?

Under the Fourth Amendment and Texas traffic stop laws, police officers can’t just pull you over because they feel like it — they need what’s called “reasonable suspicion” that you’ve committed a traffic violation or are about to commit a crime. This is a lower standard than “probable cause” (which is needed for arrests), but it still requires specific, observable facts that would lead a reasonable officer to believe something’s up.

So what gives an officer the legal right to flip on those lights and ruin your day? Here are the legitimate reasons police can stop you in Texas:

• Traffic violations: Speeding, running red lights, failing to signal, or any other violation of the Texas Transportation Code
• Vehicle equipment issues: Expired registration stickers, broken taillights, missing license plates, or tinted windows that are too dark
• Driving behavior: Swerving between lanes, driving erratically, or any behavior that suggests impairment or reckless driving
• Matching a BOLO description: If your vehicle matches the description of one involved in a crime that’s been broadcast to officers
• Plain view violations: If illegal activity is clearly visible from outside your vehicle (though this is rare)

Here’s what doesn’t cut it: your political bumper stickers, the type of car you drive, the neighborhood you’re in, or the officer’s “gut feeling” about you. The law is crystal clear: police need articulable facts, not hunches or biases.

If the officer who stopped you can’t point to a specific violation or suspicious behavior that justified the stop, you might be looking at an illegal traffic stop. And here’s the beautiful part: if the stop was illegal, everything that happened afterward — the search, the arrest, the evidence — could all be thrown out of court. It’s called the “fruit of the poisonous tree” doctrine, and it’s one of the most powerful tools in criminal defense.

Unlawful traffic stop examples

Understanding what constitutes an illegal traffic stop isn’t just about knowing the rules — it’s about recognizing when those rules get broken. Under Texas law on traffic stops, officers need reasonable suspicion based on specific facts, not stereotypes or fishing expeditions. Here are some real-world examples of unlawful stops that we see far too often:

1. The “driving while different” stop: Getting pulled over because you’re driving through an affluent neighborhood in an older car, or because of your race, age, or appearance. This is profiling, plain and simple, and it’s completely illegal. If the officer can’t articulate a specific traffic violation, these stops violate your constitutional rights.
   
2. The pretextual stop gone wrong: An officer follows you for miles, waiting for you to commit any minor violation so they can pull you over and go fishing for bigger charges. While courts have said minor violations can justify stops, if the officer’s real motivation was an illegal reason (like racial profiling), the stop can still be challenged.
   
3. The “anonymous tip” stop: Police receive a vague, uncorroborated tip about a vehicle and pull you over without witnessing any violations themselves. Unless the tip includes specific details that prove reliable, or the officer observes confirming evidence, this type of stop often fails the reasonable suspicion test.

4. The checkpoint that isn’t: Not only must DWI checkpoints follow strict guidelines in Texas — they’ve often been found to be illegal under Texas law. If police set up a “checkpoint,” there’s a good chance that any stops made at it are illegal. We’ve seen officers try to pass off checkpoint stops as regular patrol stops — it doesn’t fly.

5. The expired everything stop: Getting pulled over for registration that expired yesterday, or inspection stickers that are barely overdue, especially when the officer had to get uncomfortably close to your vehicle to even see the dates. Courts have questioned whether these hyper-technical violations really justify stops, particularly when they seem like pretexts for investigation.

If any of these scenarios sound familiar, you might have a strong defense. The key is getting an experienced attorney who knows how to spot these violations and use them to protect your rights.

How to fight an illegal traffic stop in Texas

Fighting an unlawful traffic stop isn’t something you handle at the roadside — it’s a battle that happens in the courtroom with the right legal strategy. At Thiessen Law Firm, one of the first things we do when taking on a new case is demand the dashcam and bodycam footage from your stop. This video evidence is absolute gold because it shows us exactly what happened and whether the officer followed proper procedures.

But here’s the thing: your case actually starts the moment those lights flash behind you, not when you hire an attorney. What you do during that traffic stop can make the difference between winning and losing your case. Here’s how to protect yourself:

1. Stay calm and pull over safely. Don’t give the officer additional reasons to justify the stop.
2. Be polite but exercise your rights. You have rights during a traffic stop the police don’t want you to know, including the right to remain silent.
3. Provide required identification only. Give your license, registration, and insurance when asked, but don’t volunteer additional information.
4. Don’t answer incriminating questions. When asked “Do you know why I pulled you over?” or “Have you been drinking tonight?” you can plead the Fifth and say “I’m not comfortable answering questions without an attorney present”.
5. Refuse field sobriety tests. These tests are designed for failure and you have the right to decline them.
6. Know your search rights. Can a cop search your car without a warrant? Generally no, unless you consent or they have probable cause.
7. Don’t resist or argue. Save your defense for court where it actually matters.
8. Remember you’re on camera. Everything you do and say is being recorded.
9. Contact an experienced attorney immediately. The sooner you get legal help, the better your chances of challenging the stop and protecting your rights.

Not every criminal defense attorney knows how to properly challenge traffic stops or understands laws regarding traffic stops. Learning how to fight a DWI in Texas requires understanding both the constitutional protections that safeguard your rights and what not to do after you’ve been arrested for DWI in Texas. 

At Thiessen Law Firm, our team of attorneys painstakingly checks that proper traffic stop procedures were followed in protection of your rights. The Fourth Amendment is incredibly powerful: it’s sometimes possible to get cases dismissed even when serious evidence is involved, if you can prove the initial stop violated your constitutional rights.

The bottom line? Get an aggressive defense if you suspect an unflawful traffic stop.

If you think you were pulled over and arrested unfairly, look for a strong and experienced Houston DWI attorney to effectively argue your case. Even if you were subject to an illegal traffic stop by police, there is still evidence to scrutinize and arguments to be made for your case to be reconsidered, and possibly even dismissed.

With an incredible track record of dismissed cases and “Not Guilty” verdicts, Mark Thiessen possesses the battle-ready expertise necessary to defend your rights and beat your charges. For example, as intoxication manslaughter lawyers in Houston, Thiessen Law Firm has secured multiple “Not Guilty” verdicts on some of the toughest cases, including a quadruple intoxication manslaughter.

Call (713) 864-9000 or fill out our online form to schedule a free consultation and plan your best course of action.

More Helpful Articles by Thiessen Law Firm: 

• How to Get a DWI Dismissed in Texas
• Pre-Trial Diversion vs. Deferred Adjudication in Texas
• Understanding DWI Car Insurance in Texas
• What is Criminally Negligent Homicide?
• How Do the Texas Assault Laws Work?