West Texas Traffic Stop

[oohrah]

My brother and I are visiting the Big Bend area, heading east out of Alpine to Marathon. We're in my van, but my brother is driving. We go by a DPS cruiser and he lights us up for 82 in a 75. The officer comes up on my passenger side, and my brother hands him his license and my insurance card. He looks confused about the names until I explain the relationship. The officer is real nice, and of course we were polite, and he says he is going to just give a warning (which is expected because we were less than 10 mph over). He never asked me anything, so I never volunteered I was carrying.

After he runs the plates and the license, he comes back and says "I'm confused, you have a Baylor sticker and an A&M sticker on the back". I tell him I work at Baylor, but my kids are Aggies. He says "Well, I'm from Austin, so I guess I'm going to have to cite you", and he laughed "just kidding". We parted amicably.

Here's the interesting part: My brother applied for his LTC in February, but hadn't received it yet. We were stopped on a Friday, and his license was in his mailbox the next Monday (70 days). You would think that the LTC would've shown up to the Trooper when he ran the license, and I'm assuming he did not run my name when he ran my plates, because he never said a word to either of us about LTCs or carrying.

[mojo84]

Sounds like he didn't consider the LTC an issue. Good deal all the way around.

[Mike S]

Glad that all worked out well, & sounds like a very professional experience all around. I'm not sure, but I believe the rule of thumb is 10% over the posted speed limit, not 10 MPH. 82 MPH is right at the cusp of the 10% threshold (82.5 by my math...), so I usually keep the cruise control set just shy of that in a 75 MPH zone.

[oohrah]

You're right, the law is 10% over. But, practical experience has been 10 mph over (few can do the math I fear). I haven't had a speeding ticket in over 15 years, but the last time I went to defensive driving class, everyone was there for speeding, and everyone was 11 mph or more over.

[ScottDLS]

You're right, the law is 10% over. But, practical experience has been 10 mph over (few can do the math I fear). I haven't had a speeding ticket in over 15 years, but the last time I went to defensive driving class, everyone was there for speeding, and everyone was 11 mph or more over.

The law is 10% over? I thought the law was you have to go the speed limit or below?

[Smokey613]

Yes, the "law" is the posted speed limit. The old rule of thumb was 10mph over, not so today. A lot of agencies are issuing warnings up to 5 over and citations on anything more than 5 over, but they can issue a citation for 1 over if they so desire.

[Mike S]

You're right, the law is 10% over. But, practical experience has been 10 mph over (few can do the math I fear). I haven't had a speeding ticket in over 15 years, but the last time I went to defensive driving class, everyone was there for speeding, and everyone was 11 mph or more over.

The law is 10% over? I thought the law was you have to go the speed limit or below?

Touche, Sir. 10% is a general rule of thumb for the open highway in Tx (officer discretion, if you please), but you can absolutely get a citation for 1 MPH over the posted limit (especially in small towns, residential areas, or school zones/work zones). Growing up in Galveston County we knew a couple LEOs, & the rule of thumb back then was 5 MPH over + 1 (five over was expected, plus one MPH grace for calibration issues either with their radar or your speedometer). At least that's how it was applied in our little town back in the '80s.

ETA: This is my understanding; Smokey beat me to a response above, & he's an LEO so his reply holds more weight.

[ScottDLS]

Yeah I kind of figured the above, was just hoping there was a 10% rule that could legally get me out of a ticket.

[oohrah]

To clarify - 10% or less over the speed limit, the fine is minimal and no points on your license. Yes, you can be cited for 1 mph over, but most don't bother because of this condition (more trouble than it's worth?).

[Soccerdad1995]

Not to get pedantic, but I believe the law relates to operating at an unsafe speed for the conditions, roadway, etc. The speed limit is an indicator that you are most likely violating the law if going faster than the number posted, but it is possible to be travelling faster than the posted speed limit and not be in violation of the law. It is obviously also possible to violate the law while travelling slower than the posted limit.

[WTR]

I was told by a Sergeant in the Sheriffs Dept. ( While taking a traffic safety course to get out of a speeding ticket) that Texas did not have speed limits. The speeds posted are considered "prudent" speeds. If you have a "prudent" reason to be exceeding the posted speeds, you are OK.

[srothstein]

Just to clarify this a little, the Texas Transportation Code defines speeding as:

Sec. 545.351. MAXIMUM SPEED REQUIREMENT. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing.

It then goes further in the next section and lists speeds that are deemed lawful, in a prima facie sense. But it then also gives a bunch of places the authority to alter those speed limits and post them. Exceeding these speed limits constitutes a prima facie case of speeding.

Prima facie means "at first look" or "on its face". What this does is shift the burden of proof to the driver to prove that his speed was still reasonable and prudent. So, at least in theory, if you are doing 100 mph through Austin on IH-35, and you can prove that it was both safe and reasonable, you are not speeding. (I just want to know how you got that fast through the traffic ).

And the 10% over speeding law is actually a law. It says that if you are less than 10% over the limit, then the violation will not result in points on your license towards a surcharge. More than 10% over will result in points.

[oohrah]

Well, there it is.

[JALLEN]

Prima facie means "at first look" or "on its face". What this does is shift the burden of proof to the driver to prove that his speed was still reasonable and prudent. So, at least in theory, if you are doing 100 mph through Austin on IH-35, and you can prove that it was both safe and reasonable, you are not speeding. (I just want to know how you got that fast through the traffic ).

I once went from the old Airport south on I-35 to Hill's on S. Congress at 120 mph.