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Irene from Beaumont asks- Officer Antoine, I was born and raised in Port Arthur and later moved to Beaumont , but I still love and keep with my hometown. Proud to know that little PA has a column like this where we can get regular driving laws from our police in The News. Now I have a question for you, I was stopped recently and the police officer said I was speeding. I wasn’t familiar with the area, but I didn’t think I was speeding. So he wrote me a ticket that said I was going 49mph in a 30mph zone. I didn’t agree with him so I refused to sign it, and he told me if I didn’t I was going to jail. How rude could he have been to threaten to take me to jail just for speeding, and to add insult to injury, I looked up and three more squad cars had arrived. I’m just a woman, was all of that necessary? Officer Antoine, is it legal for the officer to threaten to take me to jail if I didn’t sign the ticket, or was that a scare tactic that you police officers use? 

 

Answer- Good Question Irene. It is always a pleasure to know we have something special here in Port Arthur that’s printed every Wednesday in The News. Our Chief Tim Duriso makes it a priority to partner with The News  to provide a bridge from the Port Arthur Police Department to our Port Arthur and surrounding area citizens. Irene, I’m sorry for the encounter you had with the police officer, but I must inform you all of your troubles were self-inflicted. Here’s what I mean, first, you were stopped because you probably were unknowingly speeding. I say that because you admitted you were unfamiliar to the area, and speeding is a common mishap when unfamiliar to an area. The second reason is because you refused to sign the citation that was presented to you by a Texas Police Officer. Irene, in Texas, when a police officer decides to issue you a citation for a violation he/she’s accusing you of, “YOU MUST SIGN THE TICKET OR GO TO JAIL.” There’s no other option or choice we have. In your case, you didn’t agree with the officer’s accusation but Irene when you sign a citation in Texas, it is not an agreement to a charge, rather a “PROMISE TO APPEAR!” Irene, I hope you and other readers spread the word that the accused must sign the citation, or be arrested in the great state of Texas. 

Carlton from Port Arthur asks- Officer Antoine, my wife and I are going on our third  round of debate of whether or not it’s illegal to operate a vehicle with a burned out light bulb? I know many readers will say of course it is, but let me finish with the question. What if I inspected my vehicle lights before beginning to my destination and the bulb went out without me knowing it went out. Can I still be given a ticket and I didn’t even know the bulb was out? Does it make a difference if I knew the bulb was out or not to ticket a driver? Please help me prove my wife wrong (LOL). I’ll never hear the end of this if I’m wrong.

 

Answer- Good question Carlton. I just love these husband and wife debates about the Texas Transportation Code. That encourages me to continue with this column because when we start debating the Transportation Code at home, work, gym, radio and even church, someone will be educated. It’s my belief this person will be a more conscientious and safe driver in southeast Texas and wherever they may travel. Carlton, the debate between you and your wife about a bulb that is out on your vehicle is surely a violation of the Transportation Code of Texas. You ask what if I checked my car and all my bulbs were operating correctly. The Texas Transportation Code is much different than any other Code in Texas. Carlton, with the Texas Transportation Code, culpable mental state is not applicable, meaning we don’t have to show your intent was to speed, or that you intentionally drove a vehicle with a bulb blown out…just that you operated a vehicle in violation. Law enforcement officers hear all the time from motorists, “Officer I didn’t mean to, I didn’t know, I wasn’t aware, I wasn’t trying to,” and none of these statements release you from the liability for a violation of the Texas Transportation Code. 

Remember, all the officer has to prove is you did the violation, not that you intended to commit the violation. So Carlton I’m not quite sure what your answer was in the debate, but if you said it wasn’t a violation, if I were you, I’d go invest in a few pairs of ear plugs. Hey Carlton, flowers and a nice dinner wouldn’t hurt either (smile).

Debra for Nederland asks- Great column. My husband and I are arguing about the yellow speed limit signs that are normally in curves. Can you write a ticket for someone going over the speed limit of a yellow speed limit sign?

 

Answer- Good question Debra! The actual speed limit signs that are enforceable in Texas are white with black lettering. The yellow signs are advisory signs that tell, suggest or recommend safe speeds on curves. The actual speed limit on the curve would be the last black and white speed sign on the highway, but we would all agree it would be an unwise mission to attempt the higher highway speed on the curve. Debra, if you are involved in a crash and you don’t adhere to the yellow advisory sign curve, you will more than likely be charged with unsafe speed even if you were below the actual speed limit, but above the posted advisory sign.

 

Join Me, Officer Antoine and the CREW Stephen “Buzzard Boots” Mosley, Lelo “mouth of Hwy 69/73” I Washington & Tejas “Lil Man”Morning Star for Ask A Cop live, on KSAP 96.9 FM The Breeze radio station, every Tuesday for 1 hour from 1p-3:00p. Tune in and listen as Officer Antoine discusses in detail the newly released “Ask A Cop” article that’s printed in The News. You can also tune in via the internet www.ksap969thebreeze.org. Feel free to call in and ask your question live to Officer Antoine at (409) 982-0247. *Now Ask A Cop is printed weekly in El Perico Hispanic Newspaper and weekly broadcast every Tuesday at 4:30-5p.m. on Hispanic radio station KVAP-LP 95.5fm. Remember to email your questions torickey.antoine@portarthurtx.gov, or call 409-983-8673 and leave a voice mail question, or mail them to: Ofc. Rickey Antoine, 645 4th Street, Port Arthur, Texas, 77640. If you happen to see me in public you can always “Ask A Cop.”