Search found 6 matches

by gigag04
Mon Feb 21, 2011 3:39 pm
Forum: LEO Contacts & Bloopers
Topic: Pulled Over by DPS
Replies: 105
Views: 17521

Re: Pulled Over by DPS

Save and pay cash!
by gigag04
Sat Feb 19, 2011 4:54 am
Forum: LEO Contacts & Bloopers
Topic: Pulled Over by DPS
Replies: 105
Views: 17521

Re: Pulled Over by DPS

Dealership new cars get extended inspection periods.
by gigag04
Tue Feb 08, 2011 7:55 pm
Forum: LEO Contacts & Bloopers
Topic: Pulled Over by DPS
Replies: 105
Views: 17521

Re: Pulled Over by DPS

speedsix wrote:normal is not what several choose to do...normal is what is expected...within norms...guidelines...laws...
speedsix wrote: ...I don't see any point in continuing to argue the same things...if anyone finds a specific Texas law that I need to be aware of...I'd like to see it...

This is the entire text of TC 545.051:

Code: Select all

Sec. 545.051.  DRIVING ON RIGHT SIDE OF ROADWAY.  
(a)  An operator on a roadway of sufficient width shall drive on the right half of the roadway, unless:
      (1)  the operator is passing another vehicle;
      (2)  an obstruction necessitates moving the vehicle left of the center of the roadway and the operator yields the right-of-way to a vehicle that:
               (A)  is moving in the proper direction on the unobstructed portion of the roadway;  and
               (B)  is an immediate hazard;
               (3)  the operator is on a roadway divided into three marked lanes for traffic;  or
               (4)  the operator is on a roadway restricted to one-way traffic.
[**********]
(b)  An operator of a vehicle on a roadway moving more slowly than the normal speed of other vehicles at the time and place under the existing conditions shall drive in the right-hand lane available for vehicles, or as close as practicable to the right-hand curb or edge of the roadway, unless the operator is:
     (1)  passing another vehicle;  or
     (2)  preparing for a left turn at an intersection or into a private road or driveway.
[*******]
(c)  An operator on a roadway having four or more lanes for moving vehicles and providing for two-way movement of vehicles may not drive left of the center line of the roadway except:
     (1)  as authorized by an official traffic-control device designating a specified lane to the left side of the center of the roadway for use by a vehicle not otherwise permitted to use the lane;
     (2)  under the conditions described by Subsection (a)(2);  or
     (3)  in crossing the center line to make a left turn into or out of an alley, private road, or driveway.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
A few things. First, I formated the snippet of the code to highlight the relevant section (same way Mr. Rothstein quoted it). I can see speedsix's point that normal should mean under the prima facie (posted) speed limit...however...the law doesn't say that. I would like for it to say that but it doesn't. The text only refers to "Normal" and doesn't specify beyond that. I'm surprised it is worded that way, but it is what we have to work with. In my humble opinion - I think both sides of this argument would be wrong if this made it to court. Anyone going 65mph in the left lane of a 70mph zoned roadway would not be convicted under this statute, in my opinion. I believe the courts would find that within a 5% margin of the posted speed would be considered normal. Furthermore, those that feel it would be a violation, and non-speeding traffic should vacate the left most lane would also be incorrect. The statute mandates that traffic moving "slower than normal" (which will be interpreted and applied by the court) is forced to travel ONLY in the right most lane available for travel. I think the legislative intent in this text was aimed at larger cargo carrying vehicles (the windmill blade haulers come to mind), and other slow moving traffic.

At the end of the day, intentionally impeding the flow of traffic because you disagree with their chosen speeds is not safe. It merely serves to compound the increased risk of an accident due to their higher speeds. The adage "Slower Traffic Keep Right" is taught from NHTSA on down through driver's ed classes nationwide, and is posted on highways. We can nitpick this statute to death to find some legal standing which we might perch a far reaching opinion, but at the end of the day, safety is paramount. I get annoyed at the driving of others as much as anyone (if not more due to taking accident reports), but for me to combat that with my own poor driving behaviors is not a solution.

Lastly - lots of people are complaining about revenue from traffic enforcement. Tickets, by nature, are class C infractions punishable by fine only. So...of course this means money will be flowing into government coffers (and quickly back out) from fine payments. However, if you take that aspect out of traffic enforcement (and LE as a whole), then what are you left with?

I know people say that speeding isn't unsafe, and they drive fine at 100mph. Maybe. But the rest of the public cannot so the legislation is set a common (or "reasonable") limit. Think of it like a bell curve of public driving ability. All that to say, you can spare the pity party for offcers performing the role ofbeing a uniformed tax collector. If you don't like the realities of speeding tickets - don't speed. Numerous studies from NHSTA, DOT, and others have shown a correlation between traffic enforcement and the reduction of accidents.
by gigag04
Tue Feb 08, 2011 3:19 pm
Forum: LEO Contacts & Bloopers
Topic: Pulled Over by DPS
Replies: 105
Views: 17521

Re: Pulled Over by DPS

Keith B wrote:
terryg wrote:
Keith B wrote:I refer you to the above links and posts to see that several of us here have NOT misinterpreted the law. As it is you are required to move to the right (out of the furthermost left lane) and not impede traffic, period. Speeding is another issue, that is not dealt with in the that law. It is pretty well spelled out in the quote above from the DPS website.
Hi Keith,

I am sorry, I don't think I expressed myself well. I was not saying who might be right or wrong here. Only that nobody was intentionally misinterpreting or misrepresenting the law. It appears to me that all parties (you, speedsix, Excaliber) are doing their best to apply the statutes to this situation - no matter who is correct or not.
Understand. Just trying to make sure that the law as it stands is really passed along to the members. When you have active/former LEO's disagreeing, it makes it confusing to the members on who they should listen too. Just need to make sure we get it clear as to the right info. :tiphat:
FWIW :iagree:
by gigag04
Mon Feb 07, 2011 1:50 pm
Forum: LEO Contacts & Bloopers
Topic: Pulled Over by DPS
Replies: 105
Views: 17521

Re: Pulled Over by DPS

I invite some of you to contact NHTSA to learn about how speed limits are determined.

Lots of "jailhouse lawyer" type info in this thread.
by gigag04
Sun Feb 06, 2011 11:28 pm
Forum: LEO Contacts & Bloopers
Topic: Pulled Over by DPS
Replies: 105
Views: 17521

Re: Pulled Over by DPS

Lidar detectors are great predictors of traffic stops :clapping:

Detectors can help, but smart, pro-active officers can defeat detection easily. If I'm running moving radar I wont pop till I already have your speed estimated - same with with stationary too. Radar readings are faster than Lidar, and faster than the time it takes to hear/see your alert and slow down. I rarely write speeding tickets so I'm not a good authority, but I always ask about a violator's detector, if I see one. From what I've heard you get what you pay for.

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