Officer Rickey Antoine

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Victor from Orange asks- Officer Antoine if I have a family member or friend that’s having a medical emergency while I am driving can I rush them to the hospital by turning on my emergency flashers and speed over the posted speed limit and get them to hospital without breaking the law?

 

Answer- Good question Victor. This is a question that keeps motorists puzzled. The reason is because the Texas Transportation Code doesn’t give consent for any motorist other than drivers of emergency vehicles/ physicians responding to emergencies to travel any speed above the posted speed limit. Victor, which you DO NOT have permission to drive someone to the hospital that’s having an emergency episode above the posted speed limit. 

Now with that said “do what you have to do as long as it can be done safely” explanation for the violation can be given later when it comes to a life or death situation. The emergency flashers you reference are actually hazard lamps and they are to be activated when you are traveling much slower NOT faster than the flow of traffic.  The state of Texas does give permission for certain vehicles to travel over the posted speed limit. Victor, the Texas Transportation Code states in Section 545.365 – Speed Limit Exception for Emergencies; Municipal Regulation (a) The regulation of the speed of a vehicle under this subchapter does not apply to: (1) an authorized emergency vehicle responding to a call; (2) a police patrol; or (3) a physician or ambulance responding to an emergency call.

 

Troy from Nederland asks-  Officer Antoine thanks for your informative answers regarding Texas traffic laws. Officer Antoine I was in a  parking lot that made me want to write someone a ticket and I don’t even have a ticket book. Just the other day I saw a driver of a vehicle driving slowly through the parking lot with I guesstimate a 2-year-old standing on his lap with the steering wheel in the toddler’s hand pretending to be driving. Isn’t this like child abuse? What’s the fine for someone doing this?

Can someone get a ticket for allowing a child to stand on their lap while a vehicle is in motion in a parking lot?

 

Answer- Good question Troy. OK you didn’t have a ticket book, Troy sounds like you missed or haven’t taken advantage of your calling in law enforcement. The act of allowing a toddler to stand on drivers lap In a motor vehicle pretending to drive on private property is NOT a crime in Texas. Remember we don’t regulate private property laws other than fire lane, disabled parking and driving while intoxicated. Troy it may look horrible or careless to see a toddler on the lap of a driver but on private property, but this is NOT illegal. Troy no sir I won’t say this act is child abuse, but we may be able to make a case of child endangerment depending on circumstances. Troy if this same act was performed on the roadway, this careless act instantly becomes ILLEGAL.

 

Laura from Port Arthur asks – Officer Antoine, I’m having a debate with my husband about a traffic question. If someone is caught going over 25 miles of the posted speed limit, is this violation an automatic arrest? I’ve been told you will automatically be arrested if you are caught going 25 miles per hour over posted the speed limit in Texas. Of course my hubby disagrees. Please help Officer Antoine, because a home cooked dinner is pending on your answer.

 

Answer- Good question Laura. In Texas, a driver can NOT be arrested for the charge of SPEEDING. No matter what speeds they are accused of driving. I know that sounds weird, but Texas law is Texas law. So Laura, it sounds like you need to strap on your apron and get your menu ready to cook for your husband because he was right. However, with that said, a driver can be arrested for reckless driving which is a higher charge than speeding. The Texas Transportation Code defines reckless driving broadly as operating a vehicle with “willful or wanton disregard for the safety of persons or property.” Reckless driving is a traffic misdemeanor punishable by up to 30 days in jail and/or a fine of up to $200. Now, here’s the twist, if an officer believes you are reckless for going 25mph over the speed limit, then “YES,” you can be arrested for reckless driving, not speeding. Sorry Laura, get to cooking your husband his meal.

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.”