Officer Rickey Antoine

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JK from Nederland asks- I have a question that I’m not so versed about a particular law or encounter when being pulled over by a police officer. Officer Antoine, is it legal for a police officer to stop me and then order me out of my car if I don’t feel safe and I’m scared of getting out of my vehicle? And If I don’t get out of the vehicle, can the officer forcefully remove me from the vehicle? I don’t want to become a statistic or victim of an overzealous acting police officer. Officer Antoine don’t get me wrong I am in total, I mean total support of law-enforcement when they are operating under the law and treating ALL citizens with respect. With that said thanks for all you do to educate and keep our communities safe and informed.

 

Answer- Good question JK. Being scared is NOT a reason to refuse a lawful order to get out of your vehicle. This is an argument that many of our motorists are confused about and this decision was made by the Supreme Court over four decades ago in 1977. JK, honestly I believe that this question of a police officer’s authority to make a driver exit a motor vehicle should be included in our state drivers license test. The Supreme Court case of Pennsylvania vs Mimms gives all law-enforcement officers in the United States the AUTHORITY to remove the driver from the vehicle doing a legal traffic stop. Now I must make this clear, it is NOT a crime in itself to refuse to exit your vehicle when ordered by a police officer, but they do have the AUTHORITY to demand the driver to exit and the driver of said vehicle should COMPLY and get out. I must address the passengers of a motor vehicle as well because I’m sure this question will come up very soon. JK if a police officer orders passengers out of the motor vehicle there is a Supreme Court case ruling Maryland vs Wilson from 1997 that gives law enforcement officers the right authority to remove passengers out of the motor vehicle also. So, if police officers who have lawfully stopped you orders you to get out of the motor vehicle whether you are the driver or a passenger it is in your best interest to comply with the order and not make the situation worse. Keep in mind if an officer orders you out of your vehicle they are probably NOT going to rescind that order and allow you to remain inside the vehicle when you refused to comply and exit the vehicle. So JK eventually you will get out of the vehicle whether you are extracted with the minimum amount of force necessary to extract you or you get out voluntarily. 

 

Laura from Groves asks- Officer Antoine I’ve enjoyed your weekly article for many years now. I’m not sure if you’re aware of the impact you’ve made with drivers in this community, just in case you haven’t I’ll personalize it and let you know I’m hooked on this article because I’ve increased my knowledge tremendously more than the previous 25 years of driving experience. I was recently involved in a debate with my niece who said she took a driving class from you several years ago and you said that texting while driving is worse than driving while intoxicated. So I decided to check the source, Officer Antoine is texting while driving more dangerous than driving while intoxicated?

 

Answer- Good question Laura. Thanks Laura for becoming a part of the driving solution in Southeast Texas. Tell your niece I said thank you for paying attention in class. Yes it’s correct studies have shown that texting while driving is more dangerous than driving while intoxicated. I like to call it “Driving while INTEXTICATED.” Studies show that a person who is operating a motor vehicle whose blood alcohol concentration (B.A.C) is 0.08 or over in the state of Texas is 5 times more likely to be involved in a vehicle crash than someone sober. Studies further add that some texting while driving is 8 to 32 times more likely to be involved in a motor vehicle crash than someone who isn’t texting. So Laura we all know that in order to text it requires the sender and receiver to look down and totally take your eyes and mind off the roadway. According to studies during the same time span of an intoxicated person operating a motor vehicle and someone INTEXTICATED (texting while driving) operating a motor vehicle the texter presents the greater danger while driving.

 

Paul from Port Arthur asks- I’ve been wondering about speeding and only going 1 mile per hour over the speed limit. Officer Antoine you have been the topic of discussion on this subject on many occasions at the office. Everyone says you’re the officer that will stop someone for going 1mph over the speed limit and give them a ticket. I’m not sure if that’s true or not, can police officers actually pull someone over for going 1 mph over the speed limit?

 

Answer- Good question Paul. Rumors, rumors, rumors yes Paul I’ve heard many of them. Well let me start off by saying that I have NEVER issued anyone a citation for going 1mph over the posted speed limit. With that said I must say that ANY speed above the posted speed limit in the great state of Texas is ILLEGAL, but routinely police officers are NOT stopping vehicles that are traveling 1mph over the posted speed limit. Paul the most common violation motorist committed while operating a motor vehicle is speeding. Motorists have started regarding the speed limit sign as a suggestion rather than the law. The speed limit sign is the maximum speed one can safely and legally travel on the roadway. Paul safety is the reason we enforce the speed limit law, and it’s not about money. Paul, we have more people die every year from vehicle crashes and speeding is one of the top three contributors. So in my professional opinion accompanied with statistics the more we have motorists comply with the speed law in the state of Texas, we will have less death, injuries and damage property resulting from vehicle crashes.

 

Join Me, Officer Antoine and the CREW Stephen “Buzzard Boots” Mosley, Lelo “mouth of Hwy 69/73” Washington , Tejas “Lil Man”Morning Star & Reginald (Sir Reg)Trainer the Ask A Cop live, on KSAP 96.9 FM The Breeze radio station, every Tuesday for 2 hour from 1p-3p. 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 atwww.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 feel free and comfortable to approach and “Ask A Cop”!