I have been driving for 30 years now and only one ticket. Always wondered.
+20 over the limit and you go to jail  is what I have heard.  What's the deal or is there a go to jail limit?
Tks
Hk

I had a buddy get pulled over for going something like 130 in a 40. He got cuffed but didn't get hauled away. I guess it's up to the officer.

20+ is definitely not true, people get popped for that routinely. It's mostly up to officer discretion.

Most I've got away with is 98 in a 55. It was close though.

You cannot go to jail for Speeding unless you refuse to sign the citation. However, you can be arrested for Reckless Driving. The officer must have probable cause that you were driving with a willful and wanton disregard for the safety of others to arrest you for Reckless Driving.

Some departments may have a policy about arresting someone for Reckless Driving at a certain amount above the speed limit, but it would vary depending on the department. There is no state law defining a certain speed as Reckless Driving.

I always thought it was 25 over the limit was considered Wreckless Driving.

It could be. It's going to depend on the conditions and the cop.

Our judge considers anything over 25 to be reckless driving,.  

There is no state mandated speed that defines Reckless Driving. Local jurisdictions may enforce their own standards, but it would vary between them.

Cops can still write the ticket for whatever speed they want. So it's still up to the cop.

An officer is NOT authorized to take you to jail for a charge of speeding (if you refuse to sign the citation, you must be taken immediately before the magistrate). See sec. 543.002 and 543.004.
(also see section 543.008 - Violation by Officer)

TEXAS TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE C. RULES OF THE ROAD

CHAPTER 543. ARREST AND PROSECUTION OF VIOLATORS

SUBCHAPTER A. ARREST AND CHARGING PROCEDURES; NOTICES AND PROMISES TO APPEAR

Sec. 543.001.  ARREST WITHOUT WARRANT AUTHORIZED.  Any peace officer may arrest without warrant a person found committing a violation of this subtitle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.


Sec. 543.002.  PERSON ARRESTED TO BE TAKEN BEFORE MAGISTRATE.  (a)  A person arrested for a violation of this subtitle punishable as a misdemeanor shall be immediately taken before a magistrate if:

(1)  the person is arrested on a charge of failure to stop in the event of an accident causing damage to property; or

(2)  the person demands an immediate appearance before a magistrate or refuses to make a written promise to appear in court as provided by this subchapter.

(b)  The person must be taken before a magistrate who:

(1)  has jurisdiction of the offense;

(2)  is in the county in which the offense charged is alleged to have been committed; and

(3)  is nearest or most accessible to the place of arrest.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.


Sec. 543.003.  NOTICE TO APPEAR REQUIRED: PERSON NOT TAKEN BEFORE MAGISTRATE.  An officer who arrests a person for a violation of this subtitle punishable as a misdemeanor and who does not take the person before a magistrate shall issue a written notice to appear in court showing the time and place the person is to appear, the offense charged, the name and address of the person charged, and, if applicable, the license number of the person's vehicle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 701, Sec. 3, eff. Aug. 30, 1999.


Sec. 543.004.  NOTICE TO APPEAR REQUIRED: CERTAIN OFFENSES.  (a)  An officer shall issue a written notice to appear if:

(1)  the offense charged is speeding or a violation of the open container law, Section 49.03, Penal Code; and

(2)  the person makes a written promise to appear in court as provided by Section 543.005.

(b)  If the person is a resident of or is operating a vehicle licensed in a state or country other than this state, Subsection (a) applies only as provided by Chapter 703.

(c)  The offenses specified by Subsection (a) are the only offenses for which issuance of a written notice to appear is mandatory.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 17.07, eff. Sept. 1, 1999.


Sec. 543.005.  PROMISE TO APPEAR; RELEASE.  To secure release, the person arrested must make a written promise to appear in court by signing the written notice prepared by the arresting officer. The signature may be obtained on a duplicate form or on an electronic device capable of creating a copy of the signed notice. The arresting officer shall retain the paper or electronic original of the notice and deliver the copy of the notice to the person arrested. The officer shall then promptly release the person from custody.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 701, Sec. 4, eff. Aug. 30, 1999.


Sec. 543.006.  TIME AND PLACE OF APPEARANCE.  (a)  The time specified in the notice to appear must be at least 10 days after the date of arrest unless the person arrested demands an earlier hearing.

(b)  The place specified in the notice to appear must be before a magistrate having jurisdiction of the offense who is in the municipality or county in which the offense is alleged to have been committed.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.


Sec. 543.007.  NOTICE TO APPEAR: COMMERCIAL VEHICLE OR LICENSE.  A notice to appear issued to the operator of a commercial motor vehicle or holder of a commercial driver's license or commercial driver learner's permit, for the violation of a law regulating the operation of vehicles on highways, must contain the information required by department rule, to comply with Chapter 522 and the federal Commercial Motor Vehicle Safety Act of 1986 (Title 49, U.S.C. Section 2701 et seq.).

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 701, Sec. 5, eff. Aug. 30, 1999.


Sec. 543.008.  VIOLATION BY OFFICER.  A violation by an officer of a provision of Sections 543.003-543.007 is misconduct in office and the officer is subject to removal from the officer's position.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.


Sec. 543.009.  COMPLIANCE WITH OR VIOLATION OF PROMISE TO APPEAR.  (a)  A person may comply with a written promise to appear in court by an appearance by counsel.

(b)  A person who wilfully violates a written promise to appear in court, given as provided by this subchapter, commits a misdemeanor regardless of the disposition of the charge on which the person was arrested.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.


Sec. 543.010.  SPECIFICATIONS OF SPEEDING CHARGE.  The complaint and the summons or notice to appear on a charge of speeding under this subtitle must specify:

(1)  the maximum or minimum speed limit applicable in the district or at the location; and

(2)  the speed at which the defendant is alleged to have driven.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

I did 119 in a 75 once and the fine was hefty but I did not get hauled off, nor was I ever cuffed, he did asked if I was stupid or something.

I know this is hard to believe but my uncle was caught doing 161 in a 55 ad just got a ticket. The issuing officer was his best friend from high school. But still

Damn, what was he driving? My old 87 'vette topped out at only 150.

Twin turbo 2004 Cobra. 835HP to the wheels and sub 10's in the quarter

You cannot be arrested on a speeding charge. However, if they really want to take you in (say, you're being an obnoxioous moron who really needs a lesson in manners) they can just charge you with something else. Whether or not is sticks is a different question... but you'll spend the night in jail either way.

I once got taken in on a Public Intoxication charge because someone I was with was an obnoxious moron who really needed a lesson in manners. Cop explained that even though he knew I hadn't had a drop to drink, and that I was courteous and cooperative, I needed to learn a lesson in choosing friends, and while he promised not to show up for court (and the charge would be / was thrown out), I was going to spend the night in jail. Lesson learned...

WOW, 5 mpg?

Probably a good guess
was his daily driver for the summer he had it too

If he's easy with the loud pedal and has reasonable gears in the rear, high teens would be reachable on highway. In town would be less obviously.

ETA: My best record so far was 85 in a 40

What, you itching to take the vette out and see how fast it will go?

I don't have a clue, fastest I've ever been stopped for is like 75 or so. I suppose it depends on the cop who gets you and your asshole factor that night.

hell, I'm usually doing 85-95 on 35. Never been stopped

I had a friend in college who got stopped doing 132 in a 55, although it should have been a 70 zone.  The cop pulled him over leaned his head in the window and said, "You have never done this before have you?, This was just a big mistake and you will never do this again will you?"  Of course not giving him a chance to reply.  Then sent him on his way without the ticket.  Sounds pretty crazy the guy would just let him go like that but he used to speed everywhere and he mostly stopped doing it after that.  I guess he thought quit while you are ahead.  Oh and he got a ticket for 115 in a 55 a few years before this one and it didn't slow him down at all.

Buddy was topping a hill back home and saw the HP top the hill.
HP hit the brakes as he topped the hill
He saw it and pulled ovet to wait for him
HP topped the hill going so fast HP overshot him and had to back up to pull in behinh him.
HP walked up and said what are you doing.
He said I knew I was speeding ( he was doing close to 100 in a 55)
HP ran his DL and Insurance and told him to slow down and left.
It up to the cops......

I saw one pull out as I passed doing almost ten over so I pulled over, No use makeing him waste his time or gas.
Ran my stuff and sent me on my way

Another one busted me for 62 in a 45 Morning on the way to work
I had not even looked down as I was passing a 18 wheeler
I said "Asleep at the wheel "
He could tell I had know idea how fast I was going
Told me to slow down after running my stuff
I thought it was just a fluke so I checked carefully the next day
I had to start setting my cruise through that section
Next time I doubt if he would have been so kind.

i once wrote a 16 year old girl for doing 106 in a 65 mph zone.  because she and i were the only two cars on the road i dont think i could entertain a reckless driving charge.  if my math is correct that is 41 mph over the posted speed limit.  i left it to the judge to deal with that.....and i heard the judged suspended her license it was an "under 21" provisional driver license.

i asked her why she was going to fast and she told me: "i thought i was about to have my period."

As long as it stays wreckless you should be ok in my book.

Speeding in and of itself will not get you thrown in the hoosegow,  however if your area state's attorney has decided to treat all "20+ mph" cases automatically as reckless driving then you may be SOL.

Damn maniac drivers!

I bet we can get that stopped.

 Of course you can.  Good grief how long is this old wives tale going to last?  

Probably until they take that pesky little statute out of the traffic code where it says promise to appear required for speeding and open container.....doesn't mean you can't go for it but you gotta refuse to sign and instanter the citation. So it isn't like you can stop grandpa jones doing 75 in a 70 and just immediately sack him up.

Good old Traffic Code...... going through 70 hours of it now........boring. Can't wait until Sept to graduate and take the TCLEOSE!!!!!

I hate to post this , but my Dad put a chip in his Crown Vic, and we barried the needle past 120. We past a cop at 100 he didnt give a second look.

Sure ya did.      
And you "buried" the needle and you "passed" a cop. Ever heard of an apostrophe?  

My fiancees brother was caught doing 120mph on 45 in Austin and he was just let off with a fine. I think its a 65 there at night. They didn't impound his car, they just made his parents go and drive it back. Pretty lucky for an 18 year old.

45 is nowhere near Austin.  

Can you please reference the relevant statute here? I was under the impression that they could not arrest for speeding or open container, (but can charge you with something else and take you in, as noted in my post). The exception being you're out of state... Link, please.

You're such a grammar nazi, but you didn't appreciate my joke on page 1?







 

There is a hwy 45 in Austin. It runs east to west from 183, connects to the north end of Mopac and hits 130 on the north side of pflugerville. It then connect's to 130 and runs south to connect back in with 183 just east of Buda.
 

This is what I find in the code:

Sec. 543.004.  NOTICE TO APPEAR REQUIRED: CERTAIN OFFENSES.  (a)  An officer shall issue a written notice to appear if:

(1)  the offense charged is speeding or a violation of the open container law, Section 49.03, Penal Code; and

(2)  the person makes a written promise to appear in court as provided by Section 543.005.

(b)  If the person is a resident of or is operating a vehicle licensed in a state or country other than this state, Subsection (a) applies only as provided by Chapter 703.

(c)  The offenses specified by Subsection (a) are the only offenses for which issuance of a written notice to appear is mandatory.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 17.07, eff. Sept. 1, 1999.

Sec. 543.005.  PROMISE TO APPEAR; RELEASE.  To secure release, the person arrested must make a written promise to appear in court by signing the written notice prepared by the arresting officer. The signature may be obtained on a duplicate form or on an electronic device capable of creating a copy of the signed notice. The arresting officer shall retain the paper or electronic original of the notice and deliver the copy of the notice to the person arrested. The officer shall then promptly release the person from custody.


So what this sounds like is that they stop you for speeding, you're technically "under arrest", but as long as the only charge is speeding, it is mandatory that they release you as long as you sign the written notice to appear... So the answer appears to be that for a speeding charge, as long as you sign the notice to appear they cannot take you into jail, at least not for the speeding charge. Correct me if I'm reading it wrong...

See the post above.  If the person refuses to sign the promise to appear, they CAN be arrested for the charge of speeding.  

best answer i've read.  I've also heard a general guideline that double the speed limit or anying over 100mph is probably safe ground for charging wreckless driving.  I cant speak w/ any authority on that though.  In reality its at the officers discetion.

ETA:  Normally being arrested for speeding is when you refuse to sign the ticket.  signing the citation is only a promise to appear before the judge.  if you refuse to sign it, you are refusing to promise to appear.  If that be that case, the officer will take you to see the judge right then.  That is of course after you get cuffed and put in the back of a squad car, and take you to jail.   its called "instantering" a ticket IIRC

How fast does your car go???

Right, understood. But otherwise, per the code I posted, it is not a jailable offense, which is what I'd thought.

I suppose if you're dumb enough to refuse to sign the promise to appear, then it's lesson time anyway.

 Of course ir is.  If you will not sign a promise to appear, you can be arrested and taken to jail for speeding.  

I think you're missing the point. You claimed that it was an "old wives' tale", which it is not. As long as you sign the promise to appear, you *cannot* be arrested on a speeding charge - the law says that it is mandatory that the officer issue a written citation instead. If you do not sign it, then that is a different situation, and you will be taken to jail. But under normal circumstances - you do sign it - they cannot arrest you for that charge.

The point is that unless you're an idiot and decline to sign it, they cannot take you in on that charge. The circumstance of not signing the promise to appear is merely a qualifier.

sorry, snail joke

boo...

He'll be here all week folks.  And remember, Tip your waitresses and try the meatloaf

 I think YOU are missing the point.  Someone in THIS thread wrote that. "You cannot be arrested on a speeding charge".  Well, you damn sure can.  Refuse to sign the promise to appear and you CAN be arrested for speeding.  

Write, "you cannot be arrested for speeding if you sign the promise to appear", and that is true.  

OK, then, since we're being picky (and adding qualifiers): You cannot be arrested on a speeding charge as long as you sign the notice to appear in court. My dumb ass just assumed we were talking about sane people here who know better than to refuse to sign a ticket. I suppose I should have known better. Good enough?

Your assertion that it was an old wives' tale was incorrect, that's all. There is both truth and law behind it, as evidenced by the code I cited. No one's 100%, you know... Not even you.

 Of course.

That "you cannot be arrested in Texas on a speeding charge" is not true, and is an old wives tale.  As evidenced by this and other threads, MANY people believe you flat cannot be arrested for speeding, regardless.  

you're talking about 2 different charges. 1 Speeding is not an arrestable offense in and of it self.2 Refusing to sign the citation is a different story. In this particular arguement you have 2 different violations that can occur. Will you get arrested for speeding? No. Wil you get arrested for not signing your citation for speeding? Yes.