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Driving with trunk open

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This page is for personal, non-commercial use. The trunk of your vehicle is the main storage compartment. It is where the luggage, extra vehicle parts, and other important cargo are stored. The trunk is typically located at the opposite end of the engine. If the trunk latch fails and it opens while you are driving, it is best to pull over and close it as an open trunk may make it difficult to see.

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Is it Safe to Drive With the Trunk Open?

Austin Criminal Defense Lawyer - DRIVER FOR DWI

There is no legal requirement for the hatch of an SUV to be closed while driving, however, the hatch must be secured so that it cannot freely open while the vehicle is in motion. This can be accomplished using bungee cords, ratchet straps, or a simple rope if needed. Instead of having a door that folds down in the back of the vehicle, there is a door that opens outwards and makes it easier to open and close when you are adding or removing cargo. This is always located on the rear end of the vehicle and offers better access to the trunk space when you need to pack your cargo for a trip. The space is limited, which means that larger items may require you to leave the hatch open a bit to allow enough room. Some vehicles also come with automatic sensors that allow you to open the hatch without your hands now!

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AN OPEN TRUNK DOES NOT JUSTIFY STOPPING A DRIVER FOR DWI

After a brief detention, the client was arrested for DWI. We filed a Motion to Suppress the Evidence. Driving with an open trunk does not lead to a conclusion that criminal activity is afoot. Furthermore, no legal authority in Texas requires passenger vehicles to have a trunk or — if the car has a trunk — that the trunk be closed while driving. Texas code provisions sensibly require that motor vehicles be operated in such a way as not to endanger anyone.

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Officer Alvina McClain of the Philadelphia Police Department was on a tour of duty that included the area around Stenton Avenue when she observed a vehicle traveling northbound on Stenton with its trunk open. Williams was convicted. Williams appealed, arguing that the police lacked the reasonable suspicion of a violation of the Motor Vehicle Code or other criminal activity, rendering the seizure unconstitutional. Whether police lacked reasonable suspicion of a violation of the Motor Vehicle Code or other criminal activity, rendering the stop and seizure unconstitutional? Section b of the Motor Vehicle Code requires that an officer have reasonable suspicion to support a traffic stop in order to gather information necessary to enforce the Motor Vehicle Code provision.