Texas Speeding, Reckless Driving and arrest, is there a line?

[chedlin]

What is the name of your state (only U.S. law)? Texas

At what point does one need be concerned with arrest for speeding in Texas? I know we have a law that explicitly requires them to issue a citation for speeding instead of arrest, but I assume if they want to they will attach a different charge.

If someone is going 150mph on a nearly empty freeway at midnight, what are their chances?

I have only had one moving violation (speeding, 90 in 70) in the last 7 years, and I had that one dismissed after taking a driving safety course.

What are the risks that this post is going to get me singled out if I am ever caught going these speeds?

 

[Zigner]

What is the name of your state (only U.S. law)? Texas

At what point does one need be concerned with arrest for speeding in Texas? I know we have a law that explicitly requires them to issue a citation for speeding instead of arrest, but I assume if they want to they will attach a different charge.

If someone is going 150mph on a nearly empty freeway at midnight, what are their chances?

I have only had one moving violation (speeding, 90 in 70) in the last 7 years, and I had that one dismissed after taking a driving safety course.

What are the risks that this post is going to get me singled out if I am ever caught going these speeds?

Ya know...this may be a novel concept...but you could simply slow down and not have to worry about this.

 

[justalayman]

What are the risks that this post is going to get me singled out if I am ever caught going these speeds?

Your IP address has been processed through the worlds best IP address identification system. Once your name is discovered, that, along with any other embarrassing information we can find about you will promptly sent to any police department within 100 miles of your house, your employer, your family, your girlfriend, and any old college buddies we can find so they can make fun of you.

Geesh, this isn't the Big Brother site and there are a lot of idiots in Texas that are trying to win Darwin awards. I don't see how this anonymous post would narrow that list much.

 

[chedlin]

Ya know...this may be a novel concept...but you could simply slow down and not have to worry about this.

I generally have slowed down and I tend to do my fun driving on a closed course. The turns are technically challenging and I am able to learn a lot without a lot of risk. But I only get to about 75mph, then promptly slow to make a hard left turn (at around 50mph. If I break it loose I am sure to get a black flag as I come around.)

I haven't avoided tickets for as long as I have by driving fast, but I still want to know what the legal risks are.

 

[justalayman]

I do believe this would be a very appropriate charge though:

Sec. 545.401. RECKLESS DRIVING; OFFENSE. (a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property(just in case you wanted to argue an empty roadway).
(b) An offense under this section is a misdemeanor punishable by:
(1) a fine not to exceed $200;
(2) confinement in county jail for not more than 30 days; or
(3) both the fine and the confinement.
(c) Notwithstanding Section 542.001, this section applies to:
(1) a private access way or parking area provided for a client or patron by a business, other than a private residential property or the property of a garage or parking lot for which a charge is made for the storing or parking of motor vehicles; and
(2) a highway or other public place.
(d) Notwithstanding Section 542.004, this section applies to a person, a team, or motor vehicles and other equipment engaged in work on a highway surface.

and this one:

Sec. 545.420. RACING ON HIGHWAY. (a) A person may not participate in any manner in:
(1) a race;
(2) a vehicle speed competition or contest;
(3) a drag race or acceleration contest;
(4) a test of physical endurance of the operator of a vehicle; or
(5) in connection with a drag race, an exhibition of vehicle speed or acceleration or to make a vehicle speed record.
(b) In this section:
(1) "Drag race" means the operation of:
(A) two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other; or
(B) one or more vehicles over a common selected course, from the same place to the same place, for the purpose of comparing the relative speeds or power of acceleration of the vehicle or vehicles in a specified distance or time.
(2) "Race" means the use of one or more vehicles in an attempt to:
(A) outgain or outdistance another vehicle or prevent another vehicle from passing;
(B) arrive at a given destination ahead of another vehicle or vehicles; or
(C) test the physical stamina or endurance of an operator over a long-distance driving route.(basically a gumball rally but can easily be applied to just about any racing. At 150 mph, it doesn't take much to be considered a long-distance route.)
(c) [Blank]
(d) Except as provided by Subsections (e)-(h), an offense under Subsection (a) is a Class B misdemeanor.
(e) An offense under Subsection (a) is a Class A misdemeanor if it is shown on the trial of the offense that:
(1) the person has previously been convicted one time of an offense under that subsection; or
(2) the person, at the time of the offense:
(A) was operating the vehicle while intoxicated, as defined by Section 49.01, Penal Code; or
(B) was in possession of an open container, as defined by Section 49.031, Penal Code.
(f) An offense under Subsection (a) is a state jail felony if it is shown on the trial of the offense that the person has previously been convicted two times of an offense under that subsection.
(g) An offense under Subsection (a) is a felony of the third degree if it is shown on the trial of the offense that as a result of the offense, an individual suffered bodily injury.
(h) An offense under Subsection (a) is a felony of the second degree if it is shown on the trial of the offense that as a result of the offense, an individual suffered serious bodily injury or death.
(i) This subsection applies only to a motor vehicle used in the commission of an offense under this section that results in an accident with property damage or personal injury. A peace officer shall require the vehicle to be taken to the nearest licensed vehicle storage facility unless the vehicle is seized as evidence, in which case the vehicle may be taken to a storage facility as designated by the peace officer involved. Notwithstanding Article 18.23, Code of Criminal Procedure, the owner of a motor vehicle that is removed or stored under this subsection is liable for all removal and storage fees incurred and is not entitled to take possession of the vehicle until those fees are paid.

I suspect you would be going to jail if you don't go to the hospital first.

 

[BOR]

What is the name of your state (only U.S. law)? Texas

At what point does one need be concerned with arrest for speeding in Texas? I know we have a law that explicitly requires them to issue a citation for speeding instead of arrest, but I assume if they want to they will attach a different charge.

You are statutorily correct.

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.

This brings to mind "Remember the Alamo", a play on "Remember Atwater", meaning Atwater v. Lago Vista. Gail Atwater was ARRESTED for a seat belt violation. TX law seems contradictory here, that speeding and open container are not arrestable offenses, but a seat belt violation is? Odd?

How about child endangering IF you are speeding at 150 past cars with children in them?? Possible charge??


§ 22.041. ABANDONING OR ENDANGERING CHILD.

(c) A person commits an offense if he intentionally,
knowingly, recklessly, or with criminal negligence, by act or
omission, engages in conduct that places a child younger than 15
years in imminent danger of death, bodily injury, or physical or
mental impairment.


Would that be probable cause to believe you put a child in imminent danger??

In Ohio here, a 2nd Minor Misdemeanor violation in a year is an arrestable offense, even if it is not for the 1st.

I did not search TX code for such enhancement though. Have you?