ASK A COP — Is the rear driver always at fault in a collision?
Glen from Port Arthur asks: Is it true if someone hits another vehicle from behind, the person who hit from behind is always at fault?
Answer: I cannot say with certainty that this will automatically be the result of ALL motor vehicle rear-end collisions, but I will say generally that is the result after the police officer completes his/her official crash investigation. The state of Texas requires all motorists to drive behind another vehicle with enough space to safely stop the vehicle in all driving circumstances. No matter what element is present during your commute, you should be able to safely operate your vehicle to prevent it from striking the rear of another vehicle. The citation normally given when someone strikes another vehicle from behind is failure to control speed. This doesn’t mean you were speeding, but the speed of your vehicle was too great to where you struck another vehicle.
Chuck from Groves asks: I’m aware that it’s illegal in Texas to drive a motor vehicle at nighttime without headlights on. Is it illegal to drive in the daytime with the headlights on when you don’t need them?
Answer: Nighttime is defined in the Texas Transportation Code as one-half hour after sunset until one-half hour before sunrise. So if you always wait until it’s dark to turn on your headlights, you could find yourself getting stopped for failing to turn on your headlamps. But there is no such code in Texas that prohibits you from keeping your headlamps on during the daytime.
Deez from Port Arthur asks: I understand that we Texans are allowed to travel in our vehicles with a loaded firearm as long as certain restrictions are adhered to, like keeping weapon out of plain view and not being convicted of a felony. If someone is a licensed weapon holder in Texas and they are stopped by a police officer and accused of driving while intoxicated, can they still carry the weapon?
Answer: Motorists in Texas, as outlined in the Texas Penal Code 46.02, are allowed to have a handgun in their vehicle as along as handgun is (1) out of plain view (doesn’t pertain to license holders); (2) not engaged in a crime higher than a class C; (3) not prohibited by law from possessing-felony conviction; and (4) a member of a criminal street gang. Your question about being intoxicated while driving with a weapon would affect number 2 on our list because driving while intoxicated is a class B in Texas, which is higher than a class C, which would void the driver’s right to have a weapon in his possession. Simply put, it doesn’t matter if you’re a licensed weapon holder in Texas or not, the state of Texas will not permit ANYONE to operate a motor vehicle while intoxicated while in possession of a firearm. If you are stopped by a law enforcement officer, chances are you will be charged for DWI, driving while intoxicated, and UCW, unlawfully carrying a weapon.
Join Officer Rickey Antoine for Ask A Cop Live on KSAP 96.9 FM every Tuesday from 1 to 2:30 p.m. as he discusses the Ask A Cop article. Ask your question live at 409-982-0247. Email questions to Rickey.Antoine@portarthurtx.gov, call 409-983-8673 or mail them to: Ofc. Rickey Antoine, 645 4th Street, Port Arthur, Texas, 77640. If you happen to see me in public, you can Ask A Cop!
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