New state law as of 9/1/03

[pirate4state]

An email I got from a friend...just passing it on.

Let my misfortune be a lesson for you. This is a long story, but a must read. This really happened to me yesterday (12/10/03).

Yesterday, I was driving into town along the Southwest Freeway around 12:30 PM. I was in the far left lane doing the posted speed limit of 65
and going with the flow of traffic. When I got over the Bissonnett/Braeswood overpass, there was an HPD squad car parked on the left shoulder with the officer standing out in front of his vehicle
pointing his radar gun at oncoming cars. Your inclination automatically tells you to slow down, whether you were speeding or not.

Not a 1/2 mile down the freeway, there was another HPD officer that had someone pulled over on the left shoulder giving the person a ticket. I thought, man this was an obvious speed trap and kept on going. I had slowed down to around 60 at that point as now the posted speed limit was 60.

About a mile up the road, around Gessner, another HPD officer had someone else pulled over to give them a ticket and literally in front of that traffic stop was another HPD officer (yes we are up to 4 cop cars now in about a mile) walking around to the front of his car. Just as I
was approaching him, he pointed his radar gun at me and signaled for me to pull over. I was shocked, because I know that I was going the posted speed limit (60) as I immediately looked at my speedometer.

The officer came to my window and said "do you know how fast you were going?" I said yes, I was going 60. He said "you were doing 58" and he
showed me his radar gun, which read 58. I said okay. He said "you failed to slow your speed down by 20 MPH or move over to the adjacent
lane when an emergency vehicle was stopped in the flow of traffic." I said, I did not know that was a law (of course that is never a defense)
and he said it was and asked for my license. I offered that and my concealed handgun license to him (as I am required by law, being a CHL carrier), as well as the knowledge that I was carrying my pistol under the rear passenger seat. The officer wrote me a ticket that carries a $200 maximum fine for this infraction.

Come to find out, this is a new state law as of September 1, 2003.

From the TX DPS website, the law reads:

* SB 193 requires drivers nearing a stopped emergency vehicle that has lights activated, unless otherwise directed by a law enforcement
officer, to:

* Vacate the lane closest to the emergency vehicle, if the highway has two or more lanes traveling the direction of the emergency vehicle;
or

* Slow to a speed not more than 20 miles per hour (mph) less than the posted speed limit when the posted speed limit is 25 mph or more; or

* Slow to a speed not more than five mph when the posted speed limit is less than 25 mph.

* A violation is a punishable by a maximum fine of $200. If the violation results in property damage, the maximum fine increases to $500. If the violation results in bodily injury, the offense is enhanced to a Class B misdemeanor.

Yes, I got a ticket for going less than the posted speed limit for this total.

PASS THIS TO ALL YOUR ONLINE FRIENDS IN TEXAS!

[Old No. 7]

Thanks for the info. :)

[Z motion 10 out on 2]

I would plead "Not Guilty" and plead my case to the judge. Bet he dismisses the ticket. If he doesn't appeal to the County Court (unless that municipal court is a court of record) where it will probably be dismissed anyway.

A lawyer speaking may challenge that particular law since it is vauge on where you have to slow down. Meaning do you have to slow down 500 feet or 100 feet or what when approaching the emergency vehicle. The law doesn't say. It is unconstitutional to have a law that is vauge. I'm no lawyer, but I am a former police officer and I'm a criminal justice professor now...so for what it is worth.

Glad you told us about this new law. Let us know what you do.

[spiveyrat]

pirate4state:

* Slow to a speed not more than 20 miles per hour (mph) less than the posted speed limit when the posted speed limit is 25 mph or more; or

* Slow to a speed not more than five mph when the posted speed limit is less than 25 mph.
These two are ABSOLUTELY ridiculuous! Creep by at 5 mph? Give me a break. I can see where these will cause more accidents than they prevent. Can you imagine the huge bottlenecks and/or rear end accidents slowing down 20 mph less than the posted limit would cause in Houston and DFW? I hope this email isn't true. If it is, your lawmakers in Texas are certainly short-sighted.

[Bell_06]

Not saying that the email isn't true.. but I sure haven't seen anything in the Chronicle about this..At times there are just to many internet laws going into effect :)

[WoodvilleFan]

Bell_06:
Not saying that the email isn't true.. but I sure haven't seen anything in the Chronicle about this..At times there are just to many internet laws going into effect :) Bell,
The law hasn't been publicized very well but the Legislature did pass that into law between fights about lines on the map. It was based on the safety of the officers during traffic stops. It is like the new law about not covering up the word "Texas" on your license plate who knows how it will be enforced?

[Jacket2000]

I believe it. There were several new traffic laws instituted on 9/1/03, and I agree with it as well. Any of you ever changed a tire on the highway? It's kinda scary isnt it? All those cars flyin' by, just inches away from you. Imagine if you had to do that several times a day.
Hundreds of officers are killed every year after being hit by oncoming cars while they have someone pulled over. I think this is a great law.
J2K

[Wildcat81]

Thats good info to remember thanks.

[LHMom]

Pirate4State - I'm doing the "parent-taught" driver's education for my son right now. The last revision of the handbook is prior to this law going in to effect.

Thanks for sharing this information!

[Bestdamsportsshowperiod]

The law is in effect. People just dont read the newspaper anymore. It was in the Houston Chronicle and Victoria Advocate.

[Bell_06]

I know that law has been in effect in Florida for a few years now.. but you know I think it's really just common sense... don't most people try to separate themselves by a lane when given the chance, and slowing down.. well I do that to see if I know the person getting the ticket... gossip gets kinda slow here in Bellville :)

[pirate4state]

From today's Caller Times (http://www.caller.com/ccct/local_news/article/0,1641,CCCT_811_2578464,00.html)

And your right Bell06, it is common sense to move over. My uncle, a truck driver, always told me to move over when anyone was pulled off the highway to ensure these type of things did not happen. It is a good law, but I think they need to do a better job of making it known to the public the minute it passes, not 4 months after the fact!!

[Chief Woodman]

Its not just for safety of Law enforcement. As a firefighter there have been 3 such "Mistakes" in my department during my carrer. First, while at a car wreck, three Firefighters were run down while they were using the "Jaws of life". It ended all thee mens carrers, all bareley able to walk after years of therapy. Second, firefighter Bobby Abshire was working at a wreck and was run down. He died three days later in the hospital. This was a guy who had served three tours of duty in Nam as a medivac, winning several medals for bravery. He had been my mentor for my first few years as a firefighter. It was from him I learned that as a firefighter if you are not willing to give your life at anytime for anyone, you might be in the wrong job field. Just last year Firefighter Frank Beccera was run down while working at a wreck. He just returned to duty after much therapy.
I personaly know or knew each one of these fine men. Yet I continually hear about drivers complaining about how we now block one lane of traffic for our own safety. PLEASE PLEASE PLEASE slow down and move over. Saving 10 seconds will not kill you, but it might kill me.

[lv2937]

Chief Woodman:
Its not just for safety of Law enforcement. As a firefighter there have been 3 such "Mistakes" in my department during my carrer. First, while at a car wreck, three Firefighters were run down while they were using the "Jaws of life". It ended all thee mens carrers, all bareley able to walk after years of therapy. Second, firefighter Bobby Abshire was working at a wreck and was run down. He died three days later in the hospital. This was a guy who had served three tours of duty in Nam as a medivac, winning several medals for bravery. He had been my mentor for my first few years as a firefighter. It was from him I learned that as a firefighter if you are not willing to give your life at anytime for anyone, you might be in the wrong job field. Just last year Firefighter Frank Beccera was run down while working at a wreck. He just returned to duty after much therapy.
I personaly know or knew each one of these fine men. Yet I continually hear about drivers complaining about how we now block one lane of traffic for our own safety. PLEASE PLEASE PLEASE slow down and move over. Saving 10 seconds will not kill you, but it might kill me.Good post cheif. My best friend here in Burnet was a fire fighter and he was run down by a motorist while working a wreck a few years ago. I like the new law and hope everyone obeys by it. If i was a judge and they came in front of me with one of those tickets, well the would be 200 bucks poorer.

[lv2937]

Chief Woodman:
Its not just for safety of Law enforcement. As a firefighter there have been 3 such "Mistakes" in my department during my carrer. First, while at a car wreck, three Firefighters were run down while they were using the "Jaws of life". It ended all thee mens carrers, all bareley able to walk after years of therapy. Second, firefighter Bobby Abshire was working at a wreck and was run down. He died three days later in the hospital. This was a guy who had served three tours of duty in Nam as a medivac, winning several medals for bravery. He had been my mentor for my first few years as a firefighter. It was from him I learned that as a firefighter if you are not willing to give your life at anytime for anyone, you might be in the wrong job field. Just last year Firefighter Frank Beccera was run down while working at a wreck. He just returned to duty after much therapy.
I personaly know or knew each one of these fine men. Yet I continually hear about drivers complaining about how we now block one lane of traffic for our own safety. PLEASE PLEASE PLEASE slow down and move over. Saving 10 seconds will not kill you, but it might kill me.Good post cheif. My best friend here in Burnet was a fire fighter and he was run down by a motorist while working a wreck a few years ago. I like the new law and hope everyone obeys by it. If i was a judge and they came in front of me with one of those tickets, well the would be 200 bucks poorer.

[poncho]

There is a new law about license plate frames. I believe people are being given tickets if the frame covers any letters on the license plate. Most cars I've seen have them, usually the car dealership has his name on it. :cool:

[olddawggreen]

poncho:
There is a new law about license plate frames. I believe people are being given tickets if the frame covers any letters on the license plate. Most cars I've seen have them, usually the car dealership has his name on it. :cool: Your right Pancho, this is a new law. The officers are supposed to give warning tickets for a while. I think this is probably one new law that is a little over done. Its pretty easy to identify a Texas license plate by the little picture of the state in the middle of it. One thing this new law does for sure, it gives our over worked police officers one more thing to be responsible for and it has put thousands and thousands of new law breakers on the highway :rolleyes: ! On the other hand, it sure gives the officers a good reason to pull a lot of people over if they suspect their doing something they shouldnt.

[poncho]

I removed all frames from our cars, but I still see lots of cars with them. :cool: :D

[3afan2K3]

poncho:
There is a new law about license plate frames. I believe people are being given tickets if the frame covers any letters on the license plate. Most cars I've seen have them, usually the car dealership has his name on it. :cool: This has been a law for awhile.

[3afan2K3]

olddawggreen:

poncho:
There is a new law about license plate frames. I believe people are being given tickets if the frame covers any letters on the license plate. Most cars I've seen have them, usually the car dealership has his name on it. :cool: Your right Pancho, this is a new law. The officers are supposed to give warning tickets for a while. I think this is probably one new law that is a little over done. Its pretty easy to identify a Texas license plate by the little picture of the state in the middle of it. One thing this new law does for sure, it gives our over worked police officers one more thing to be responsible for and it has put thousands and thousands of new law breakers on the highway :rolleyes: ! On the other hand, it sure gives the officers a good reason to pull a lot of people over if they suspect their doing something they shouldnt.I think you are mis-readimg the question. The law is if any part of the fram covers the letters on the ACTUAL PLATE then they could stop you. Not if it was a frame that said Go Forney/Mavs ect.

[dawgdad]

[/qb][/QUOTE]I think you are mis-readimg the question. The law is if any part of the fram covers the letters on the ACTUAL PLATE then they could stop you. Not if it was a frame that said Go Forney/Mavs ect.[/QB][/QUOTE]
My son was pulled over and given a warning for a BHS frame that only covered "TEXAS" on the plate. He was given a warning-we clipped the center portion of the frame out and have had no more problems- hope the law isn't subject to too much interpretation. Seems like a waste of tax-payer's money to have our lawmakers making up these laws.