Highway Patrol Question -- How many MPH over is acceptable?

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[ARCHIVED THREAD] - Highway Patrol Question -- How many MPH over is acceptable?

Posted: 9/29/2005 12:01:14 PM EDT

I try to be a good boy, I really do.

But I have been on a string lately of getting pulled over by TX DPS. This is after YEARS of almost never getting pulled over or ticketed for anything. And that includes the years that I didn't try to be a good boy.

My most recent MOVING violation occurred just after I had locked my cruise right at the speed limit for the sole purpose of keeping me from speeding. I crested a hill, and the DPS cruiser was waiting at the bottom. He hit the lights as I rolled toward him.

As he was writing my warning, I asked how fast I was going. He said 65 in a 60.

My cruise was set at 60. I was going downhill. Plus, I recently replaced my OEM tires with the next size up, which adds about 3mph to what the speedometer says at that speed. So we'll call it +3 for the tires and +2 for gravity.

My question is this -- is there an acceptable threshold above the speed limit? Is it normal for LE to pull someone over for such a minor variance in speed? I lived in Missouri for awhile, and I was told by someone I trust that they aren't allowed to write a ticket unless you are going more than 5mph over the limit.

(I won't even get into my most recent encounter, where I got "pulled over" sitting idle in the Wal-Mart parking lot.)

Posted: 9/29/2005 12:30:15 PM EDT

[#1]

I used to do no more than 5 over the limit. If the limit was 55, I did 60. However, school zones or other speed zones (like *cough Taylor, Texas *cough), I did speed limit or slightly under. However, coming to Texas, it seemed like I was an impediment to traffic by going so slowly.

However, after not getting pulled over at all for the past 10+ years, I get pulled over twice. Once was outside of Dripping Springs, 64 in a 55 (just a quarter mile before it turned to a 60 zone), and I got lucky with a warning. The next was 58 in a 50 (just left a 55 zone and didn't realize it). Again a warning, but I wasn't the only one popped, but I was the only one to pull over and stay in place.

Both instances have taken place on holiday weekends (read: I should have known better), but I also think that they have to work harder to enforce that click-it or ticket law. I had my seatbelt unbuckled in the second stop, right after I had stopped, to retrieve my wallet. He almost gave me a ticket for that.

Posted: 9/29/2005 12:33:39 PM EDT

[#2]

Wimps. I got lasered doing 67 in a 45 the other day.

(And that was after I'd been braking)

Posted: 9/29/2005 12:36:55 PM EDT

[#3]

5 over is supposed to be it, but I've always been going way faster than that. 95 in a 70, he was PO'ed, but didn't catch my motorcycle on radar, just the truck I was following a 1/4 mile behind. He waved me down too.

Luckily the written warning wasn't too bad.

All my other tickets have been a minimum of 10 over for them to even mess with me. Even then the officer was just trying to make sure that I wasn't drinking. 14 over has been the slowest I've gotten a ticket for. (I speed too much)

Posted: 9/29/2005 12:49:19 PM EDT

[#4]

Quoted:
Wimps. I got lasered doing 67 in a 45 the other day. (And that was after I'd been braking)

That was me 10 years ago. I sold my sports car and bought a jeep. Then I sold my jeep and bought a supercrew pickup when I had kids. Lowspeed Highdrag is the name of the game. I used to push the limits all the time and never got hassled, in a little black sports car with a ponytail halfway down my back.

Now I'm clean cut, with a relatively new f-150 just like every other guy in East Texas. Two car seats in the back, and a sticker in the window for the high school football team. I'm not getting pulled over late at night, on weekends, etc. so I don't think they're checking for DUI. No 20" wheels or lowered suspension, so I doubt they think it's drugs. And they've never even asked about the machine gun in the back seat.

Posted: 9/29/2005 12:52:11 PM EDT

[#5]

I say 5 over is acceptable....but....if the guy has a bad day, then anything goes.

Posted: 9/29/2005 1:24:43 PM EDT

[#6]

the first rule is. you are safe if other cars are passing you.
but. 7 MPH over is the most i will go. i don't care if they are going 15 over it seems 10MPH over is a magic number.

and i never speed thru little "po'dunk" towns. it's bad juju. first they are ticket traps and you never know when "elmer" is going to descide to leave the V.F.W. hall and pull out in front of you.

east Texas and Gulf-coastal plain towns are another story.
i have seen big (55 gal drum sized ) hunks of pine tree or tractor tire mud on the road. hit one of those at 55 and you destroy a truck.

Posted: 9/29/2005 1:25:49 PM EDT

[#7]

Quoted:
Quoted:
Wimps. I got lasered doing 67 in a 45 the other day. (And that was after I'd been braking)

That was me 10 years ago. I sold my sports car and bought a jeep. Then I sold my jeep and bought a supercrew pickup when I had kids. Lowspeed Highdrag is the name of the game. I used to push the limits all the time and never got hassled, in a little black sports car with a ponytail halfway down my back.

Now I'm clean cut, with a relatively new f-150 just like every other guy in East Texas. Two car seats in the back, and a sticker in the window for the high school football team. I'm not getting pulled over late at night, on weekends, etc. so I don't think they're checking for DUI. No 20" wheels or lowered suspension, so I doubt they think it's drugs. And they've never even asked about the machine gun in the back seat.

he confessed! he's "clean cut"

i found the

Posted: 9/29/2005 1:52:02 PM EDT

[#8]

How does being clean cut make me a

?

I'm just not a

anymore (or at least I hide it better).

At least I'm not

I cut off my ponytail when I moved to deep East Texas. I think of it as my disguise. Gotta blend in with the locals...

Posted: 9/29/2005 2:19:49 PM EDT

[#9]

Clean Cut was/is a former ARFCOM troll and instigator. hk940 is just messing with ya.

TC

Posted: 9/29/2005 2:46:19 PM EDT

[#10]

Quoted:
How does being clean cut make me a ?

I'm just not a anymore (or at least I hide it better).

At least I'm not

I cut off my ponytail when I moved to deep East Texas. I think of it as my disguise. Gotta blend in with the locals...

ah ha! you see he admitted it again!

Posted: 9/29/2005 4:58:09 PM EDT

[#11]

In TX, I set my cruise at 8 over and pass any cops I see on the highway. I believe your story to be phony.

Posted: 9/29/2005 6:28:40 PM EDT

[#12]

There are no absolute speed limits in Texas for non-commercial drivers. The posted speed limits are prima facie evidence that you were speeding, but you can go to court and state your case. You can also get nailed for going less than the speed limit when conditions are bad such as heavy rain or ice. The key words here are "reasonable and prudent".

ETA: so you see, the threshold is not 5 or 10mph over, it is exactly what is posted (prima facie evidence = posted limit in that case) - and yes you can usually win easily in court....

Posted: 9/29/2005 6:32:44 PM EDT

[#13]

§ 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.
(b) An operator:
(1) may not drive a vehicle at a speed greater than is
reasonable and prudent under the conditions and having regard for
actual and potential hazards then existing; and
(2) shall control the speed of the vehicle as
necessary to avoid colliding with another person or vehicle that is
on or entering the highway in compliance with law and the duty of
each person to use due care.
(c) An operator shall, consistent with Subsections (a) and
(b), drive at an appropriate reduced speed if:
(1) the operator is approaching and crossing an
intersection or railroad grade crossing;
(2) the operator is approaching and going around a
curve;
(3) the operator is approaching a hill crest;
(4) the operator is traveling on a narrow or winding
roadway; and
(5) a special hazard exists with regard to traffic,
including pedestrians, or weather or highway conditions.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.109, eff. Sept. 1, 1997.

§ 545.352. PRIMA FACIE SPEED LIMITS. (a) A speed in
excess of the limits established by Subsection (b) or under another
provision of this subchapter is prima facie evidence that the speed
is not reasonable and prudent and that the speed is unlawful.

Text of subsec. (b) as amended by Acts 1999, 76th Leg., ch. 663,
§ 2 and Acts 1999, 76th Leg., ch. 739, § 1
(b) Unless a special hazard exists that requires a slower
speed for compliance with Section 545.351(b), the following speeds
are lawful:
(1) 30 miles per hour in an urban district on a street
other than an alley and 15 miles per hour in an alley;
(2) 70 miles per hour in daytime and 65 miles per hour
in nighttime if the vehicle is a passenger car, motorcycle,
passenger car or light truck towing a trailer bearing a vessel, as
defined by Section 31.003, Parks and Wildlife Code, that is less
than 26 feet in length, passenger car or light truck towing a
trailer or semitrailer used primarily to transport a motorcycle, or
passenger car or light truck towing a trailer or semitrailer
designed and used primarily to transport dogs or livestock, on a
highway numbered by this state or the United States outside an urban
district, including a farm-to-market or ranch-to-market road;
(3) 60 miles per hour in daytime and 55 miles per hour
in nighttime if the vehicle is a passenger car or motorcycle on a
highway that is outside an urban district and not a highway numbered
by this state or the United States;
(4) 60 miles per hour outside an urban district if a
speed limit for the vehicle is not otherwise specified by this
section; or
(5) outside an urban district:
(A) 60 miles per hour if the vehicle is a school
bus that has passed a commercial motor vehicle inspection under
Section 548.201 and is on a highway numbered by the United States or
this state, including a farm-to-market road;
(B) 50 miles per hour if the vehicle is a school
bus that:
(i) has not passed a commercial motor
vehicle inspection under Section 548.201; or
(ii) is traveling on a highway not numbered
by the United States or this state; or
(C) 60 miles per hour in daytime and 55 miles per
hour in nighttime if the vehicle is a truck, other than a light
truck, or if the vehicle is a truck tractor, trailer, or
semitrailer, or a vehicle towing a trailer other than a trailer
described by Subdivision (2), semitrailer, another motor vehicle or
towable recreational vehicle.

Text of subsec. (b) as amended by Acts 1999, 76th Leg., ch. 663,
§ 2 and Acts 1999, 76th Leg., ch. 1346, § 1
(b) Unless a special hazard exists that requires a slower
speed for compliance with Section 545.351(b), the following speeds
are lawful:
(1) 30 miles per hour in an urban district on a street
other than an alley and 15 miles per hour in an alley;
(2) 70 miles per hour in daytime and 65 miles per hour
in nighttime if the vehicle is on a highway numbered by this state
or the United States outside an urban district, including a
farm-to-market or ranch-to-market road, except as provided by
Subdivision (4);
(3) 60 miles per hour in daytime and 55 miles per hour
in nighttime if the vehicle is on a highway that is outside an urban
district and not a highway numbered by this state or the United
States;
(4) outside an urban district:
(A) 60 miles per hour if the vehicle is a school
bus that has passed a commercial motor vehicle inspection under
Section 548.201 and is on a highway numbered by the United States or
this state, including a farm-to-market road;
(B) 50 miles per hour if the vehicle is a school
bus that:
(i) has not passed a commercial motor
vehicle inspection under Section 548.201; or
(ii) is traveling on a highway not numbered
by the United States or this state; or
(C) 60 miles per hour in daytime and 55 miles per
hour in nighttime if:
(i) the vehicle is a truck, other than a
light truck, or if the vehicle is a truck tractor, trailer, or
semitrailer; and
(ii) the vehicle is on a farm-to-market or
ranch-to-market road;
(5) on a beach, 15 miles per hour; or
(6) on a county road adjacent to a public beach, 15
miles per hour, if declared by the commissioners court of the
county.
(c) The speed limits for a bus or other vehicle engaged in
the business of transporting passengers for compensation or hire,
for a commercial vehicle used as a highway post office vehicle for
highway post office service in the transportation of United States
mail, for a light truck, and for a school activity bus are the same
as required for a passenger car at the same time and location.
(d) In this section:
(1) "Interstate highway" means a segment of the
national system of interstate and defense highways that is:
(A) located in this state;
(B) officially designated by the Texas
Transportation Commission; and
(C) approved under Title 23, United States Code.
(2) "Light truck" means a truck with a manufacturer's
rated carrying capacity of not more than 2,000 pounds, including a
pick-up truck, panel delivery truck, and carry-all truck.
(3) "Urban district" means the territory adjacent to
and including a highway, if the territory is improved with
structures that are used for business, industry, or dwelling houses
and are located at intervals of less than 100 feet for a distance of
at least one-quarter mile on either side of the highway.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 165, § 30.110(a), eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1020, § 2, eff. Sept. 1, 1997;
Acts 1999, 76th Leg., ch. 663, § 2, eff. June 18, 1999; Acts
1999, 76th Leg., ch. 739, § 1, eff. Sept. 1, 1999; Acts 1999,
76th Leg., ch. 1346, § 1, eff. Sept. 1, 1999.

Posted: 9/30/2005 5:11:51 AM EDT

[#14]

I got nailed for 81 in a 70 just outside of Sterling City a few weeks ago. Cost me $170.

Here in NM, I probably wouldn't be stopped and if I was, it would cost me about $70.

Posted: 9/30/2005 5:46:17 AM EDT

[#15]

Quoted:
Clean Cut was/is a former ARFCOM troll and instigator. hk940 is just messing with ya.

TC

Okay, I feel better now. I thought I was being lambasted for finally altering my outward appearance to more accurately reflect my "contributing member of society" status.

Posted: 9/30/2005 5:54:31 AM EDT

[#16]

Quoted:

(3) 60 miles per hour in daytime and 55 miles per hour
in nighttime if the vehicle is on a highway that is outside an urban
district and not a highway numbered by this state or the United
States;

Thanks for the legal clarification, mikejohnson. I'm pretty sure the posted section above applies to the road I was on, and 60 was the posted limit. My cruise was set to 60, but the officer clocked me at 65. Even so, I was surprised to be pulled over for this. I was making my best effort NOT to break the law, and I still got pulled over. He must have been having a slow day.

He didn't ticket me, and he wasn't a jerk or anything (though he did disarm me, which is always sort of annoying).

Posted: 9/30/2005 7:35:28 AM EDT

[#17]

Quoted:
That was me 10 years ago. I sold my sports car and bought a jeep. Then I sold my jeep and bought a supercrew pickup when I had kids. Lowspeed Highdrag is the name of the game. I used to push the limits all the time and never got hassled, in a little black sports car with a ponytail halfway down my back.

Now I'm clean cut, with a relatively new f-150 just like every other guy in East Texas. Two car seats in the back, and a sticker in the window for the high school football team. I'm not getting pulled over late at night, on weekends, etc. so I don't think they're checking for DUI. No 20" wheels or lowered suspension, so I doubt they think it's drugs. And they've never even asked about the machine gun in the back seat.

I've gotten pulled over in Suburban or my car...which isn't a sports car, raised, lowered, altered, painted funky, primered, or host to a #10 coffee can for a muffler. And as cool and awesome as I look, I'm far from having a pony tail or sleazy looking clothes, just a nice looking gent. I just don't drive slow. I drive as fast as is comfortable. If I'm not causing other drivers problems (weaving or cutting them off or what not), there's no impediments to my forward motion, and my vehicle is capable, then it shouldn't be an issue.

Posted: 9/30/2005 7:43:49 AM EDT

[#18]

I guess that's my problem...I drive just a mile or two faster than the pack. I especially do it on IH35, where people tailgate/change lanes unexpectedly/brake unexpectedly and do all kinds of stupid shit...I'm just trying to get AWAY from them.

What I really hate is when there is a cop (sheriff, state trooper or police doesn't matter) and they go SLOWER than the cop. You have a cop, center lane, doing 60 in a 55, and then three full lanes 5-10 cars deep of "good drivers" who don't pass. That really pisses me off, because if I'm behind them, I have to do 40!

Posted: 9/30/2005 8:15:18 AM EDT

[#19]

There is no "threshold" to speak of. Depends on the officer etc. In most big cities traffic stops are used to find the "bad guys". I might pull you over for speeding but my real intention is to find out where you are coming from, where you are going and to see if you have any ill intentions the neighbor I'm working. The saying is 2 traffic stops (NOT tickets) a day keeps the Sgt away! But I usually won't write tickets unless it is truly excessive (speed, violations, etc).

Now traffic officers (the motorcycles, camaro's, dps), their whole job is to write tickets. They don't answer any calls for service (911 calls) so they usually write nearly a whole ticket book (25 tickets) in a day. But they look for vehicles that have multiple violations.

I've talked to fellow officers that randomly pick a number for the day. The lucky number might be 14. If you are going 14 mph or faster over the speed limit, you are getting a ticket. A few even give breaks during the holidays; every other car that they pull over get a warning!

Posted: 9/30/2005 9:10:03 AM EDT

[#20]

Jersey City has been known to give tickets for 1 mph over the speed limit. Their residential streets have a speed limit of 25 mph.

Posted: 9/30/2005 10:40:38 AM EDT

[#21]

I guess I'll never know why I got nailed that day. Most of them were legit -- 10-15 over, and just warnings every time. One was even more legit -- 25 or so over, and I got ticketed. I could have fought it, but I did the crime, so I payed my fine, took my defensive driving class, etc. It just pissed me off that even whey I TRIED to be good and set my cruise on the speed limit, I got pulled over anyway.

But I don't have to be on the highway, or even moving, for DPS to take issue with me. I just have to sit in my truck in the parking lot at Wal-Mart. They must be able to see through my disguise and know I used to be a longhair.

Posted: 9/30/2005 11:35:39 AM EDT

[#22]

I drove about 60,000 miles in the last 12 months.

I go 5 mph over the speed limit at all times with my cruise control. I've been radared by Texas DPS, all kinds of Texas county mounties, and the same in Louisiana and Mississippi and haven't been pulled over at all.

Posted: 9/30/2005 11:59:17 AM EDT

[#23]

SC wrote:

And they've never even asked about the machine gun in the back seat.

No, but his eyes did get a little bigger...lol

I guess I'll never know why I got nailed that day.

It's easy, I was riding with you. Just like the one other time I've driven to your house before going to the range. Less than a week after the ban expired and us with more than 6 ARs in the back of the truck. You got disarmed that day as well...

I just don't have that "open invitation" for a ride anymore...

D

Posted: 9/30/2005 12:10:20 PM EDT

[#24]

Yeah, I do seem to get pulled over more often when Sader's in my truck. But he's way more respectable looking than I am.

Maybe they think I kidnapped you.

At least they never disarm you when they pull me over. Not that you've been able to hit anything lately

By the way, did you ask Mrs. Sader about the Hun weekend? If we ride out there together in my truck, I'm driving 25 mph the whole way. DPS will have anti-SmallChange roadblocks set up every 10 miles!

Posted: 9/30/2005 12:52:35 PM EDT

[#25]

Quoted:
Quoted:
Clean Cut was/is a former ARFCOM troll and instigator. hk940 is just messing with ya.

TC

Okay, I feel better now. I thought I was being lambasted for finally altering my outward appearance to more accurately reflect my "contributing member of society" status.

That sounds like a very diplomatic way of stating PC and/or maturity; BTW, I now use a #1 clipper on what used to be an "early 80's" style do.

It is cool to step out of the shower, towel off, and walk out the door ready to go.

I haven't been pulled over in over 10 years [vs. every few months when I was younger], but then again I usually only do about 5-10 over the SL, and have a Valentine1 in my rig, just in case. Houston traffic is a completely different story....urban NASCAR, go as fast as the guy/gal in front of you or get run over.

Posted: 9/30/2005 1:00:14 PM EDT

[#26]

Quoted:
I haven't been pulled over in over 10 years [vs. every few months when I was younger], ...

That's the wierd thing. When I was younger and I deserved to be pulled over, I hardly ever did. Now I try to play by the rules and I get pulled over about every other month. Its like I'm being punished for my youthful indescretions.

I just hope ALL my youthful indescretions don't come back to haunt me.

Posted: 10/1/2005 4:31:53 AM EDT

[#27]

IM coming... You've mentioned this several times in conversation and I didn't address it, Sorry.

Posted: 10/1/2005 8:41:51 AM EDT

[#28]

Quoted:
It is cool to step out of the shower, towel off, and walk out the door ready to go. hr

I hope, for your neighbors' sake, that you left a step out.

Posted: 10/1/2005 10:47:04 AM EDT

[#29]

Quoted:
Quoted:
It is cool to step out of the shower, towel off, and walk out the door ready to go.

I hope, for your neighbors' sake, that you left a step out.

Wave?

Posted: 10/1/2005 1:13:18 PM EDT

[#30]

Quoted:
Quoted:
Quoted:
It is cool to step out of the shower, towel off, and walk out the door ready to go. hr

I hope, for your neighbors' sake, that you left a step out. hr

Wave?

Well, I suppose you could wave to the neighbors, it being the neighborly thing to do.

But, I was thinking of something like, i don't know, hock.gifPUT ON CLOTHES!hock.gif between "towel off" and "walk out the door."

Posted: 10/1/2005 2:46:32 PM EDT

[#31]

Quoted:
5 over is supposed to be it, but I've always been going way faster than that. 95 in a 70, he was PO'ed, but didn't catch my motorcycle on radar, just the truck I was following a 1/4 mile behind. He waved me down, too.

Luckily the written warning wasn't too bad.

Shit, you're supposed to pull over when they wave at you? I just wave back and keep on going.

Posted: 10/1/2005 8:15:24 PM EDT

[#32]

In general when conditions permit in City or out on the open road I will do an average of up to 10mph over.

If I do get a ticket however I'm always willing to plead not guilty and request a jury trial.

Posted: 10/1/2005 8:22:37 PM EDT

[#33]

Quoted:
Quoted:
Quoted:
Quoted:
It is cool to step out of the shower, towel off, and walk out the door ready to go.

I hope, for your neighbors' sake, that you left a step out.

Wave?

Well, I suppose you could wave to the neighbors, it being the neighborly thing to do.

But, I was thinking of something like, i don't know, PUT ON CLOTHES! between "towel off" and "walk out the door."

Details, details...I do tend to wave at the neighbors though.

Posted: 10/2/2005 9:58:07 AM EDT

[#34]

Quoted:
I try to be a good boy, I really do. But I have been on a string lately of getting pulled over by TX DPS. This is after YEARS of almost never getting pulled over or ticketed for anything. And that includes the years that I didn't try to be a good boy.

My most recent MOVING violation occurred just after I had locked my cruise right at the speed limit for the sole purpose of keeping me from speeding. I crested a hill, and the DPS cruiser was waiting at the bottom. He hit the lights as I rolled toward him.

As he was writing my warning, I asked how fast I was going. He said 65 in a 60.

My cruise was set at 60. I was going downhill. Plus, I recently replaced my OEM tires with the next size up, which adds about 3mph to what the speedometer says at that speed. So we'll call it +3 for the tires and +2 for gravity.

My question is this -- is there an acceptable threshold above the speed limit? Is it normal for LE to pull someone over for such a minor variance in speed? I lived in Missouri for awhile, and I was told by someone I trust that they aren't allowed to write a ticket unless you are going more than 5mph over the limit.

(I won't even get into my most recent encounter, where I got "pulled over" sitting idle in the Wal-Mart parking lot.)

DPS Troopers get work credit for warnings. Warnings mean nothing to you as far as you record or insurance. I see several points regarding your stop.

You were at 5 over. The Trooper was clearly visible and you did not slow to the limit, so he stopped you and only gave a warning. No harm, no foul. Had you slowed upon seeing him, I bet you would not have been stopped.

I know several troopers. Generally, in areas where the limit is 60 MPH or less you will get warned up to 9 over, and ticketed over that.

In 65 MPH areas and up you get 5 MPH over as a warning, and 6 + over gets a ticket.

However, none of that is policy, and there is nothing to keep a trooper from doing it differently.

My dad was a trooper. He was a Sgt when the Texas limits were 55 state wide. His LT announced that he wanted to see tickets for 60 in a 55. My dad and his men thought it was Chicken Shit, so they would take real flyers and only write them for 60. Made the violator and the Lt happy. ;)

There are lots of cool LE out there.

[ARCHIVED THREAD] - Highway Patrol Question -- How many MPH over is acceptable?

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