Ask A Cop – Is Driver Responsible for Unbuckled Back Seat Passenger?

Published 2:53 pm Tuesday, April 8, 2025

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Alton from Port Arthur asks- First, I’d like to thank you for opening a regular line of communication for the citizens of Port Arthur and beyond. Officer Antoine, I’m a little perplexed about a recent encounter I had with the police. I was traveling on the road and met two police cars going in the opposite direction. I must truthfully admit I noticed at that time I was going over the posted speed limit. But they didn’t stop me and man was I ever relieved, because they had the right to turn around and write me a ticket… So what do I do…I conveniently set my cruise control that’s installed in my vehicle. But to my dismay, I was pulled over a little further down the road by a different police officer. He told me he was informed by the first officer that I was speeding. I believe he was a younger officer trying to make a name for himself. Now Officer Antoine I was always told if the officer doesn’t catch you when you are speeding, we are off the hook so to speak! Is this procedure or have I been bamboozled?

 

Answer- Good question Alton. You actually bring up a valid complaint among many motorists. The police officer that observed the violation does NOT have to be the officer that stops your vehicle and issues you a citation. When a police officer observes a violation, time is on the officer’s side as to when he shall issue the citation. Alton, in your case, that is routine operation within the law enforcement community. Officers often radio other officers and advise them of what they observed. The other officer now has probable cause to stop said vehicle and issue a citation on the statement of another officer, even when the officer that will issue the citation did NOT observe the motorist violating any law. Alton along with that, ANY law enforcement officer in the state of Texas has 2 years from the date they witnessed a Class C misdemeanor, to issue any person a citation. They can contact the appropriate court and have you subpoenaed to answer a complaint that could be a year old. So if you don’t violate the Texas Transportation Code, you have nothing to concern yourself about. 

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Homer from Beaumont asks- Officer Antoine, I have a seatbelt question. I have an adult friend that rides in the back seat often and I’m always on his butt about buckling his seatbelt, and since I have seen the court TV show, Officer Antoine, I don’t want to get a ticket for his negligence. Can I get a ticket for my passenger refusing to put on his seatbelt?


Answer- Good Question Homer. The state of Texas has a “Click it or Ticket” campaign that focuses on getting motorists across the state to buckle up or pay up. Of course no one really wants to pay up, so getting motorists and passengers to buckle up will greatly reduce the number of traffic fatalities and injuries that are needlessly suffered on the roadways of Texas daily. Operating or being a passenger of a motor vehicle is a primary law, meaning law enforcement officers can stop you solely on the fact that someone in the vehicle is not belted. Drivers in Texas are only responsible for seatbelt usage for passengers 14 years of age and younger. So your adult friend is like a famous singer Patti Labelle, who sung “On ‘His’ Own,” if any law enforcement officer finds him in the back seat without a safety belt properly secured. Now Homer, don’t let this information relax you from ensuring that every occupant of your vehicle is properly secured by a safety belt while on the roadway. Unbuckled passengers are a threat to other buckled occupants in the vehicle during the unfortunate event of a crash. Homer, be aware that upwards of 60% of all traffic fatalities on the roadway during the police investigation are found that individuals are unbuckled. So Homer, keep fussing and take a page out of Officer Antoine’s book if you don’t mind, make an announcement to all in the vehicle that “THIS CAR WILL NOT BE MOVING UNTIL EVERYONE IS BUCKLED.”

 

Ralph from Port Arthur asks- Officer Antoine, thanks for this article. My son and I have been going at it about this driving issue. I will admit, my son is not a teenager, he is well in his twenties, but I’m seeking your help on this issue. Here is the question. If I’m the second of two vehicles stopped at a stop sign and the first vehicle proceeds through safely, can the second vehicle go without stopping if no traffic is coming? Officer Antoine, we both believe we are right and the other is wrong. Can you please help us? By the way I say that is illegal.

Answer-Good question Ralph. Well Ralph, back when I was a kid playing in the yard, there was a television program called “Father knows Best.” Your son would do well if he applied the name of that show to that question, because you are right. Ralph, your son is practicing a behavior that will either end up with someone injured, property damaged or a BIG citation (ticket). It doesn’t matter if it was clear for the second vehicle to go, every vehicle has the command to “STOP” when the stop sign is approached.

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 2 hours from 1 to 3 p.m. 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. Ask A Cop is printed weekly in El Perico Hispanic Newspaper and weekly broadcast every Tuesday at 4:30 to 5 p.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: Officer Rickey Antoine,645 4th Street, Port Arthur, Texas, 77640. If you happen to see me in public you are always free and comfortable to approach and “Ask A Cop.”