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Until then, it’s the law.

Uh, sorry, Colonel, not so.

FYI, I'm a Texas attorney - though I'm a transactional guy (estate planning and related areas), not a litigator, and most definitely NOT from the People's Republic of Austin. Our police in Bexar County wouldn't issue such an idiotic ticket.

Laws that are contrary to the Constitution are void ab initio. That means that they are void from the beginning, meaning void as if never passed and signed into law. Now, arguably, this particular law is a state law, and states have a police power, so perhaps this particular law is constitutional. But don't tell me "Until then, it’s the law" as a be-all-and-end-all principle because that dog simply doesn't hunt.

Note also that it is "the law" that if you are found with "too much" cash (i.e. $10,000 or more) then the cash itself can be charged with a crime, and taken from you. Then you are in the position of having to proving the innocence of the cash (interesting concept, no?) in order to get it back. Oh, and you cannot use said cash in order to hire an attorney or pay the court costs. So much for innocent until proven guilty - but who needs that, we've got a drug war to fight (disclosure: I don't and never have used drugs, and don't defend those who do).

Saying "its the law" is a mindless phrase that indicates no thought as to what "the law" really should be. I would expect better from another attorney, and particularly one who has sworn to uphold the Constitution.

"Until then, it’s the law." Nice way to increase the contempt for the law that overbearing governmental actions have been doing for decades. Nice way to make sure that people don't cooperate with the police. Nice way to separate the governed from the governing class. Sorry, Colonel, you're dead wrong on this issue.

Oh, and if the correct person wasn't ticketed, then the case is dismissed. Under the law here, a 10-year-old CANNOT be charged with such a crime. Were I the judge here, I'd dismiss and give the officer in question a nice, long tongue-lashing about his lack of common sense, his lack of decency and the role of the police in our society. I couldn't give a rat's ass if the kid lied about sticking his head out the window, etc. - this was not a legal ticket, period (though I would also give the kid a lecture about lying to the police, providing that it seemed likely that he did, indeed, do so).