Ask A Cop – Myth or Fact: Are Motorists Allowed to Drive 5 mph Over Speed Limit?

Published 1:34 pm Tuesday, March 4, 2025

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Jordan from Port Arthur asks- Officer Antoine thanks for all your answers to provide for our community regarding safe driving. I’ve been driving for quite some time and I was told something many moons ago and I’m wondering now if it’s even true. Officer Antoine here’s my question, is it true that police officers will allow motorists 5 mph over the speed limit before they are considered speeding? 

 

Answer- Good Question Jordan- Talk about a myth, Jordan this is probably the biggest misconception motorists have when it comes to law enforcement on speeders. The posted white sign with black letters/numbers speed LIMIT sign is the law not a suggestion. So Jordan any speed above the speed limit sign is a violation of the Texas Transportation Code, and you can be stopped and issued a citation for speeding for going 1mph over the posted sign. There’s one word missing on the speed limit sign that would stop any confusion and that word is MAXIMUM. The sign should read “maximum speed limit,” in order to be legal you’re welcome to drive at or under the posted sign just not over. Now with that said I will admit that most law enforcement officers don’t routinely stop and issue citations for motorists who are going 5 mph over the posted speed limit sign because they’re looking for those motorists who pose the greater risk of danger on our roadways, like those going 10 plus mph over the speed limit. So Jordan, keep in mind anytime you go over the posted speed limit sign you’re giving any law enforcement officer the right to stop you.

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Kevin from Port Arthur asks- Officer Antoine, I can truthfully say, my driving life has never, never, never been the same again since I attended your class for my job over 5 years ago. I can remember, I must be honest, I went in with a very negative attitude saying, “WHY do I have to come to a boring class about driving on MY Saturday? (Stick a fork in me because before you even said one word I was done). Which turned out I was WRONG and today it’s still one of the best, if not the best, class I’ve ever attended. Thank you. Thank you. Officer Antoine, I was traveling down Gulfway Drive and came close to a truck where there were approximately 5 males in the back of the moving pickup truck and they were dancing. I will admit, they were quite entertaining but dancing in the bed of a moving truck was NOT safe. That is not a safe act and I was wondering if you had caught them, how many tickets would you have given the dancers?

 

Answer- Good question Kevin. I’m honored to know your driving behavior has forever changed because of the “Drive Safe” Seminar you attended. I truly have a passion for saving lives on the roads of Port Arthur, Jefferson County, Texas and abroad. Kevin, my motto is “When we know better, we should do better.” Most will be amazed how much information they DON’T know about the Texas Transportation Code. I’ve been approached by many readers who admit this article has taught them a thing or two they never knew and they’ve been driving for 50 plus years. At the end of the day, this will make Port Arthur a safer motoring community. Joan, the Transportation Code states NO ONE under the age of 18 can legally ride in the rear/bed of a truck on the roads of Texas. So Kevin if the individuals appeared 18 and over, they were legally riding in the rear of the truck. Now, the issue of dancing in the bed of the truck while the vehicle is moving must be visited. There is no law stating the occupants must be seated or still while the truck is in use. With that said, it sounds like the males were within the law of Texas. Now I have been speaking with radio personalities Steve “Buzzard Boots”, Tejas “Lil Man”, Lilo “the mouth of 69/73 about putting on a dance routine for my Ask A Cop Live radio broadcast, but it’s something about Steve Boots that always winds up spoiling the day.

Gabe from Beaumont asks- Dear Officer Antoine, thanks for taking time to answer questions to our community, I’m sure you’re clueless just how valuable this column is to us. I have a question about a red traffic signal that won’t change to green. I was on lunch break a couple weeks ago and unfortunately I got stuck at a traffic light that stayed red for 3 cycles. I couldn’t take it anymore so I safely drove through the red light so I could get back to work on time. I told my co worker when I arrived and she said I should have waited. Officer Antoine what should I do if the light won’t turn green?

 

Answer- Good Question Gabe. Stalled red traffic signals are something many motorists experience on a daily basis somewhere in the great state of Texas. Gabe I understand that these electronic devices (traffic signals) malfunction from time to time, because I’ve been a victim of a stalled red light. Gabe this is not a very enjoyable period but patience needs to be exercised. Gabe you need to stay put where you are and wait for the light to turn green, but if you’re in a rush you can always turn on your signal for a right turn and when it’s safe turn RIGHT.  I’ve stopped so many drivers who just ran through the light because it wouldn’t change to green. There is NO justification in the state of Texas for running a red light because it won’t change. Gabe if you would have been involved in a crash going through the red light YOU solely would be held liable.  The ONLY person who can give you permission/clearance to disregard a red traffic signal is a police officer.

 

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-2:30p. 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.ksap969thebreeze.org. Feel free to call in and ask your question live to Officer Antoine at (409) 982-0247. Now you can make a comment or Ask a Question via TEXT(409)748-6106. 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 free and comfortable to approach and “Ask A Cop”!