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Jean from Beaumont Asks- Officer Antoine, I really appreciate and thank you for this weekly edition of Ask A Cop! My question is about getting into an accident and leaving state required information. Officer Antoine, if I’m involved in an accident, can I leave the accident and if I do leave the accident before Police arrive, what information am I required by the state of Texas to give to the other driver?

Answer- Good Question Jean! This is something that every motorist should be aware of if we’re ever involved in a crash in Texas. Jean, “YES” you are allowed to leave the scene of a crash as long as you surrender to the other party involved certain information. According to the Texas Transportation Code 550.203, if anyone is involved in a crash where someone was injured, vehicle damaged, or death of a person, you shall surrender NAME, ADDRESS, REGISTRATION NUMBER and INSURANCE INFORMATION (to any person(s) injured), and Driver License if requested. Normally, Law Enforcement Officers are dispatched to the scene of a crash where all parties involved are still on the scene. Jean, if someone leaves the scene of a crash without providing all of the above information, they are committing a crime. Everyone has cellphones now so it may be advantageous to have photos of your vehicle, the other vehicle, license plates and driver/occupants. Jean Never Never leave the scene of a crash if someone is complaining of an injury until the proper medical personnel are on scene. 

Alfred from Nederland Asks- Officer Antoine, thank you for this excellent column which really helps every day citizens understand the Texas Transportation Code, which will make us better drivers, hopefully. I am writing you today to find out the difference between a DWI and a DUI. I always hear about DWIs, which stands for Driving While Intoxicated, and DUI stands for Driving Under the Influence. Are they the same thing, just said differently? Officer Antoine, as always, thank you for your time!

Answer- Good Question Alfred! This is a question that’s oftentimes misunderstood, and that’s the difference between a DWI and DUI in Texas!  First off, a DWI which stands for Driving While Intoxicated, refers to someone 21 years of age and greater, and a DUI which stands for Driving Under the Influence, includes all motorists who are under the age of 21 when charged. Mel, when a minor is charged with his/her first DUI under Texas law, if they have “any detectable amount of alcohol in his/her system” while operating a motor vehicle. Driving Under the Influence is considered a Class C offense in Texas. The first time you are stopped for drinking and driving under 21, you could face the following penalties: Up to a $500 fine, a 60-day Driver License suspension, 20 to 40 hours of community service or mandatory alcohol-awareness classes. Now if you’re 17 years of age or older, and are pulled over for drinking and driving with a blood or breath alcohol concentration (BAC) of .08 or greater, you could face: Up to a $2,000 fine, 3 to 180 days in jail or a Driver License suspension for 90 days to a year. Texas has zero tolerance on minors drinking while driving. Now, a DWI in Texas is when a person is legally intoxicated and may be arrested and charged with Driving While Intoxicated (DWI) with a .08 BAC (blood or breath alcohol concentration). A person can also be intoxicated if impaired due to other drugs regardless of BAC. Alford if convicted, they face a penalty of a fine of up to $2,000, 3 days to 180 days in jail, suspension of Driver License up to a year, and an annual fee of $1,000 or $2,000 for three years to retain Driver License.

Emma from Port Arthur Asks- Officer Antoine, I just have to ask this question because I don’t want to get in trouble behind my friend. Officer Antoine, let’s say I’m driving my vehicle and my friend, who’s in the passenger seat, has a yeti cooler type of cup that you can’t see the beverage inside. If we are stopped by the Police and the Police determine the liquid inside of the cup is alcohol, who would get in trouble? Would it be my passenger or me who’s driving the vehicle? If I’ve told him once, I’ve told him 50 times, I’m not getting in trouble behind him and his drinking. If they were coming to my car with a can or bottle of alcoholic beverage, I would definitely stop that, but because they have poured it in the yeti type cup, I’m not to the point where I’m going to ask them what’s in the cup. I told him if we get stopped, I’m not getting in trouble for them. Please help! Who would get the ticket or get arrested? Would it be the driver or the passenger that has the open container? Thanks !

Answer- Good Question Emma!  In the state of Texas, open containers of alcohol are illegal. Whether it’s the passenger or the driver of a motor vehicle, we cannot possess an open container of alcohol in a motor vehicle. No matter if it’s disguised by being poured into a cup, or still in this original container. It is still illegal if the seal has been broken. Toni, in your case, the driver who would be you, who was not in possession of an open container but the passenger was. So the passenger would be the one who will receive the citation by the Police Officer.The passenger could cannot be arrested because open container law is one of the two laws that you cannot be arrested for in the Transportation Code in state of Texas. So the police officer has to remove the alcoholic beverage from the vehicle and issue the PASSENGER NOT THE DRIVER a citation, for Open Container of Alcoholic Beverage violation.

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 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 4:30p-5pm 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 free and comfortable to approach and “Ask A Cop”!