NDR....Warning! New Texas Traffic Law on the books!

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Dee

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I just got this from a good friend of mine who lives in Katy and drives to downtown for work. I checked TDPS website for verification and it's there!---->TDPS

Let my misfortune be a lesson for you. This is a long story, but a must read. This really happened to me (12/10/03).

Yesterday, I was driving into town along the Southwest Freeway around 12:30 PM. I was in the far left lane doing the posted speed limit of 65 and going with the flow of traffic. When I got over the Bissonnett/Braeswood overpass, there was an HPD squad car parked on the left shoulder with the officer standing out in front of his vehicle pointing his radar gun at oncoming cars. Your inclination automatically tells you to slow down, whether you were speeding or not.

Not a 1/2 mile down the freeway, there was another HPD officer that had someone pulled over on the left shoulder giving the person a ticket. I thought, man this was an obvious speed trap and kept on going. I had slowed down to around 60 at that point as now the posted speed limit was 60.

About a mile up the road, around Gessner, another HPD officer had someone else pulled over to give them a ticket and literally in front of that traffic stop was another HPD officer (yes we are up to 4 cop cars now in about a mile) walking around to the front of his car. Just as I was approaching him, he pointed his radar gun at me and signaled for me to pull over. I was shocked, because I know that I was going the posted speed limit (60) as I immediately looked at my speedometer.

The officer came to my window and said "do you know how fast you were going?" I said yes, I was going 60. He said "you were doing 58" and he showed me his radar gun, which read 58. I said okay. He said "you failed to slow your speed down by 20 MPH or move over to the adjacent lane when an emergency vehicle was stopped in the flow of traffic." I said, I did not know that was a law (of course that is never a defense) and he said it was and asked for my license. I offered that and my concealed handgun license to him (as I am required by law, being a CHL carrier), as well as the knowledge that I was carrying my pistol under the rear passenger seat. The officer wrote me a ticket that carries a $200 maximum fine for this infraction.

Come to find out, this is a new state law as of September 1, 2003. >From the TX DPS website, the law reads:

SB 193 requires drivers nearing a stopped emergency vehicle that has lights activated, unless otherwise directed by a law enforcement officer, to: Vacate the lane closest to the emergency vehicle, if the highway has two or more lanes traveling the direction of the emergency vehicle; or

Slow to a speed not more than 20 miles per hour (mph) less than the posted speed limit when the posted speed limit is 25 mph or more; or

Slow to a speed not more than five mph when the posted speed limit is less than 25 mph.

A violation is a punishable by a maximum fine of $200. If the violation results in property damage, the maximum fine increases to $500. If the violation results in bodily injury, the offense is enhanced to a Class B misdemeanor. Yes, I got a ticket for going less than the posted speed limit for this total.
 
Thanks for the info. I'm going to pass that on to my family in Texas.

I understand the reason for the law, but there should have been a publicity blitz on the law because it will heavily affect everyone. Around me they'd be duing advertisements on the change for months to make sure the public knew about it.

Thanks

Bill :irazz:
 
That's the new law.

I agree, there should have been media coverage, especially for a strict libility law. That could be a defense. They passed 700 and some new laws the last legislative session. Attorneys aren't even up on all of them yet.
 
The DPS never publicizes these new laws...the better to spring surprises on unsuspecting drivers.

For instance, did you know that it is now illegal for your Scuba Diving license plate frame to cover up the word TEXAS on your plates? Fortunately, mine doesn't, but the people that make license plate frames here are taking a big hit this year.
 
HI Dee:
Thanks for the info.
I just got my first speeding ticket here too, in over 27 years. {Last one was when I was 18}
The cops are brutle down here.
 
Wisconsin has had the same law for about a year now...not many people are aware of it. Common sense alone should dictate that veh's move over, but I see maybe 1 in 10 that do...don't know any officers that have actually cited someone though.
 
The word was put out about that new law, saw it several times on the news and in print. Maybe I just pay more attention to traffic laws given my profession. Sorry to hear ya got popped though....
 
randyp:
Wisconsin has had the same law for about a year now...not many people are aware of it. Common sense alone should dictate that veh's move over, but I see maybe 1 in 10 that do...don't know any officers that have actually cited someone though.


If you drive in Michigan, we have the same law. And yes you will get a ticket for not moving to the next lane or slowing down.
 
The same law was passed in NC last year, looks like it may be wise to assume it's the law in every state.
 
Ohio has a similar law, not familiar with the wording but there are huge signs posted by the highways that say "Move over or slow down for stopped emergency vehicles." We had a local officer killed in the last few years and I believe that prompted the law. The officer was assisting a motorist who had slid off of the road in the winter and another driver lost control near the scene of the first accident and hit and killed the officer. I've never seen them write a ticket for it though and some people blow right by them.

If Truckdriver has ever been to Ohio you know how persnickity they are about the speed limits here (at least where trucks are concerned--roll the double nickles guys & gals) so I'm sure if they can ticket motorists for failure to move over they will.

Thanks for posting that, I'll have to see if my Texas buddies are aware of that one.
Ber :lilbunny:
 
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