Originally Posted by powda
The reason for the resisting only charge is simple. Think of it like a dwi charge. Cop pulls you over for speeding, finds out your drunk and arrests you. You fight the speeding charge and win...without speeding there can be no dwi so that charge is tossed to. Instead a lot of agencies skip the speeding and only charge dwi. Make sense?
As a practical matter it does to a minor maybe degree but as a legal matter it does not. No underlying offense is required in Texas for DUI. You only need probable cause for the stop. Your assertion if the speeding is tossed the DUI will be is flat incorrect. Unlike states like TN (McNair incident) you can just weave within your lane (some states like TN require you to actually leave your lane) and get pulled and tested for suspicion of drunk driving. Even there other grounds can uphold a stop and DUI.
More to the point for resisting arrest there is a precursor act required by the police officer. Even in uniform he can't walk up and tell you to jump and when you refuse it is resisting arrest. He has to attempt to arrest (funny how that makes it into the name of the charge), search or transport you. Then you have to resist. Saying get the f out of here is none of the above.
To be clear I am not judging this case at all. The facts will be very important. There is nothing illegal about asking for water after 2 am. Shoving someone could arguably be assault. If it is all on video, someone is getting a black eye.