Will a driver in Texas be arrested if stopped for speeding a specific amount above the posted limit?

Question

I was cited for speeding--86 in a 55. I was not traveling that speed, but I can't prove it. The DPS Officer couldn't provide radar proof.

Expressway driving between geographically-close Texas towns. Impossible to drive that speed in "rush hour" traffic without weaving in and out; therefore, could be considered a danger to other drivers. Why wasn't I arrested (if I TRULY was traveling that speed)? I go to court soon. I've asked for a jury trial.

Answer 1

I think that in excess of 20 miles per hour of the posted speed is reckless driving which is another charge other than speeding! You need to look on your ticket and see what blocks are checked or remarks are written in!


The Brother of the Officer above me is correct except that any refusal to cooperate could of meant immediate arrest regardless.

The Officer usually locks in the speed in the radar device as evidence in Mississippi to show the offender! It is to bad there was apparently no one with you to back up your story and act as a witness! Do you remember any friends passing you or that might of observed the event that could testify that you were not driving irraticaly! Without this it is your word versus the Officers!
He might have a picture from his dashboard camera if so it would record the speed at the time! They also record the time. Some radars actually take a picture at the time also showing the tag and the speed! Do not know what kind they have. Hand held and vehicle mounted radar on a crowded road can be tricky! So the Officer would select the fastest visable moving vehicle that he could see with his eyes! That might of been you changing lanes at the time!

Bottom line you need a witness to help you! Otherwise your word against the Officers! Get a Lawyer! Do you have one in the family?

Good Luck!!!

APS

Good Luck

Answer 2

Speeding isn't technically an arrestable offense. You'll get a ticket most of the time. I don't arrest until the speed is such that it is a danger to the rest of us on the road with you. Traffic level, visibility, the type of road and road conditions, whether or not you are maintaining a single lane of traffic or weaving in and out, all of these things are a factor. At 20 over you are going to get a serious look. Keep in mind that you can be arrested, and your car impounded for most misdemeanor traffic offenses, particularly when you decide to be a wise *** and give the nice officer a hard time during your traffic stop.

Edit:
Those who posted below me are correct, my answer is VERY poorly worded and I apologize for it. The actual offense of speeding is not the arrestable offense. Speeding in the way you describe IS an arrestable offense. If anyone doubts my credentials then come on down to Texas and drive that fast through my sector and let me catch you. Then, as the cuffs snap closed on you, while your car is being impounded, you'll realise, "Gee, he really IS a cop".

As a note of caution, like I have said many times here before. Be careful what advise you follow here. There is no guarantee that the answer you get will be correct or from a reliable source. Hope you all stay safe. Slick

Answer 3

I doubt Slicktop80 is a real Texas cop or he would not have answered the way he did.

An Officer has several options when someone commits a traffic offense. Warning, Ticket, or Arrest. There are only 2 offenses that Arrest is NOT an option. They can only give a warning or a ticket. Those two are Speeding and Open Container. Yes you can get arrested for Failing to signal a lane change.
My Brother who IS a Texas cop has answered this question many times and I have often asked him various pointed questions about this or that.
Now before someone says that I am wrong. that they got arrested for speeding...
No you did not. You were pulled over for speeding, yes.
You were arrested, Yes.
But you were arrested for something else. not the speeding.
Speeding may have initiated the stop but the Cop found out something else that you were arrested for.


EDIT: LOL thanks for the edit Slicktop.

Answer 4

I live in Texas........

Speeding is not an arrestable offense......
it is a class C misdemeanor.......
(there are very few offenses that you cannot arrest for in Traffic Law....speeding is one of them--any rookie in the academy knows that)

if your speeding is a danger to others--then we are entering into an entirely different offense.


if you refuse to sign the citation--you can be arrested.

Signing the citation is only promising to appear, by not signing it you are not promising to appear and therefore you are taken into custody so that you can appear before a magistrate

(I cannot believe some of the answers that people are giving)

Answer 5

If you are moving with the flow of traffic you wont be arrested as far as the traffic violation is concerned you were just unlucky enough to be caught i would guess you were in Houston, Austin, DFW, El Paso, Midland/odessa/ Abilene/San Angelo/ or Temple? let me know depending on which one i may be able to give more info.

Answer 6

The answer to your Q is NO. Unless when the driver in question is being cited and he/she refuses to sign the citation which is a promess to appear in court THEN he/she shall be arrested, and taken to the magistrate.
Speeding and open conatiner laws are NOT arrestable offenses. "slicktop" I suggest you read your traffic code.

Answer 7

Given a citation not arrested if speeding only!

Answer 8

In Texas it depends on the Officer .If he feels you are a danger to yourself or others you can ..

Answer 9

I don't think you can be arrested but to be sure ask a local law enforcement officer

Answer 10

Apparently not, I was in Dallas for vacation in June and people were blowing by me at 85, 90 on the highway and I never saw anybody get a ticket!