ASK A COP — Can you be arrested for going 10 mph over the speed limit?

Published 12:18 am Tuesday, November 16, 2021

Craft from Port Arthur asks: I was with my friend who says he was arrested for going 10 mph over the speed limit. I believe he’s pulling my leg. Can someone be arrested for going 10 mph over the posted speed limit?

Answer: What puzzles me is if there’s a misconception about drivers being arrested for going 10 mph over the posted limit, then why are so many motorists risking their freedom to speed? Craft, it doesn’t appear your friend is filling you in on every detail of his supposed arrest. In the state of Texas, a driver cannot be arrested for speeding. No matter if it’s 10 mph or 50 mph over the posted limit, no police officer can arrest a driver just for speeding in Texas. Your friend could have been initially stopped by a police officer for speeding and was arrested for another crime. But if your friend is anything like my friend, he’s just pulling your leg … (smile).

Shelby from Mount Belvieu asks: I understand we are allowed to take defensive driving only once a year. Now my question is that from January to December or 12 months from the time I last took defensive driving?

Answer: The 12-month period is from the last time you took the defensive driving course. Defensive driving isn’t an automatic option to rid oneself of a citation. There are several conditions that must be met before qualifying for a defensive driving course by any court. To qualify for the defensive driving course, you must NOT have taken the course in the last 12 months, must NOT be accused of going 25 mph over the posted speed limit, must NOT drive a vehicle at a speed 95 mph or greater, must NOT receive citation in a construction zone, must NOT be cited for passing a stopped school bus, must not possess a commercial driver license, must prove you have insurance and must NOT be cited for failing to stop and render aid in a crash.

Cassie from Nederland asks: I have great neighbors, but they always seem to have a lot of company at their house, which makes exiting my driveway difficult. Is it illegal to park a vehicle directly across the street from my driveway? If I hit the vehicle, who is at fault?

Answer: The road that’s located on the end of your driveway will be the city property, and it doesn’t belong to you or ANY homeowner. As long as no vehicle is parked blocking the entrance or exiting of your driveway, there is nothing legally you can do. You cannot stop someone from parking on the street unless they’re illegally parked. Parking on the opposite side of the road is NOT illegal parking. Even if someone leaves a car in front of your house and walks away, if the vehicle is legally parked, even if you call the police, they won’t be able to move the vehicle. We understand no one cares for a strange vehicle parked in front of their home, but you must remember the street belongs to someone else. You are welcome to report to your police department an unfamiliar vehicle in front of your house, but if the vehicle checks out OK, nothing further will be done.

Join Me, Officer Rickey Antoine and the CREW: Stephen Buzzard Boots Mosley, Lelo mouth of Hwy 69/73 Washington and Tejas Lil Man Morning Star for Ask A Cop live,on KSAP 96.9 FM The Breeze every Tuesday from 1 to 2:30 p.m. as they discuss the “Ask A Cop” column. Call in your question live at 409-982-0247 or make a text comment at 409-748-6106. Email your questions to rickey.antoine@portarthurtx.gov, call 409-983-8673 and leave a voice mail 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 approach and “Ask A Cop!”