Ask A Cop – Is Cutting Across Median in Stalled Traffic Legal?
Published 3:26 pm Tuesday, June 3, 2025
- Officer Rickey Antoine
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Tammie from Orange asks- Just love this column. I’ve been hooked a few years now. I work every day in Port Arthur and on Wednesday my coworkers get together and discuss your article. I admit sometimes they get quite colorful because when you’ve been taught or believed something different all your driving life, it’s hard to accept you’re wrong. Officer, I travel a lot and if there’s a crash on the highway and traffic is backed up, normally without fail, vehicles will start to cut over the grassy median to avoid waiting in the stand still traffic. My question Officer Antoine, is this practice of cutting across the median legal because once one does it, there’s almost a domino effect, where many other motorists will cross the median.
Answer- Good question Tammie. If you travel on the highways of Texas, at some point you will find yourself in stalled traffic and this is when we, as responsible motorists, have to exercise this long lost thing called patience while driving. This is an issue that definitely needs to be addressed Tammie. Cutting across a median to avoid waiting in stalled traffic is ILLEGAL in Texas, and should NOT be undertaken unless directed by a law enforcement officer on scene. Keep in mind, just because you see someone else doing something, doesn’t mean it is legal or that you should do it as well, because just as luck would have it, “YOU” will be the one caught and immediately your excuse will be “everyone was crossing the median,” which will not mount to a hill of beans. Tammie, crossing any median without the guidance of a Police Officer in Texas is wrong, no matter how long the wait seems.
Oscar from Groves asks- Officer Antoine, I was riding home from work a few weeks ago with a co-worker and he stopped off at a gas station and picked up a beer. My eyebrows went up because I’m totally against drinking and driving. He then opened the can of beer, and that’s when my mouth went into gear. I told him among other things that “You can go to jail for drinking and driving.” That’s when he started laughing saying he can’t be taken to jail for drinking and driving because at that point, he’s just started drinking. He told me I needed to chill down and asked if I wanted some of his beer! Officer Antoine, I know several people who have been arrested for drinking and driving. Where he got his information from I’m not sure. Officer Antoine, have I fallen into a dark hole where I’ve been suspended in time, or is driving while drinking still illegal in Texas?
Answer- Good question Oscar. (Laughing) No Oscar, I don’t believe you’ve been suspended in time. It seems you may need a little tweaking about the Driving while Drinking law in Texas! Ed, I stand with you that no one should consume any amount of an alcoholic beverage and drive a motor vehicle. Your co-worker was wrong and right in his behavior and answer the other day, and Oscar you were right it is illegal to consume or be in possession of any open container of an alcoholic beverage while in a motor vehicle in Texas. With that said, your co-worker was right being that he just got off work, and it’s safe to say that after a few sips of the beer, he was NOT intoxicated yet. Oscar, not many motorists are aware of the two violations someone can’t be arrested for while being a driver or passenger of a motor vehicle. Apparently your co-worker is aware of one and that’s having an open container of alcohol while in a motor vehicle. This is definitely not a green light to drink and drive because it is still illegal, but if you’re not intoxicated you can NOT be arrested for the open container of alcohol beverage. I stand with the state of Texas and their motto “Don’t Drink and Drive!” Don’t do it because most motorists can’t judge their point to stop the consumption of alcohol beverages before they get behind the wheel. Annually, statistics have proven the dangers of the deadly act of driving while under the influence of an alcoholic beverage. Let’s be the opposite of NIKE and say “JUST DON’T DO IT.”
Rob from Port Arthur asks- Officer Antoine I’m aware that’s it’s illegal in Texas to drive a motor vehicle at nighttime without headlights on. So I pose the question, is it illegal to drive in the daytime with the headlights on when you don’t need them?
Answer- Good question Rob. You are so correct that it’s illegal to operate a motor vehicle at nighttime in the state of Texas without turning on your headlamps. Rob here’s what many people don’t know and that’s when is nighttime is defined in the Texas Transportation Code and it’s one half hour after sunset til one half hour before sunrise. So if you always wait until it’s dark to turn on your headlights you could find yourself getting stopped for failing to turn on your headlamps. But there is no such Code in Texas that prohibits you from keeping your headlamps on during the daytime.
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 at least 2 hours from 1to 3 p.m. and beyond. 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 internet at www.ksapthebreeze.org. Feel free to call in and ask your question live to Officer Antoine at (409) 982-0247. Feel free 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 free and comfortable to approach and “Ask A Cop.”