ASK A COP — Can you get ticketed after you make it home?

Published 12:02 am Tuesday, May 28, 2024

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Kent asks: If a police officer stops you or attempts to stop you, but you were able to make it home before you physically stop your car, are you at a safety point where police officers can’t pursue any more? My wife’s cousin told us a police officer attempted to stop him a block away from his home, so he kept driving until he reached his driveway, and the officer told him he was lucky he made it home first. If you make it home, is the driver free from being ticketed?

Answer: It almost makes me laugh because the only place I know you’re safe is when you make it home is in the game of baseball. If a police officer initiates a traffic stop on any vehicle, that vehicle is not safe if he makes it home. Whatever the officer accused you of, and attempted to stop you for before you made it to your home, you are NOT safe. The best course of action is to pull over to the right side of the roadway as soon and as safe as possible. The officer is the one who decides whether to issue a citation or not. You can pull up in your driveway, garage, work, store or church, and the officer will be right there, as well. Just keep in mind, if you see emergency lights, pull over and stop to the right so soon as it’s safe to do so!

Nat asks: I am writing you today to find out the difference between a DWI and a DUI. I always hear about DWIs, which stands for Driving While Intoxicated, and DUI stands for Driving Under the Influence. Are they the same thing, just said differently?

Answer: First off, a DWI, which stands for Driving While Intoxicated, refers to someone 21 years of age and greater, and a DUI, which stands for Driving Under the Influence, includes all motorists who are under the age of 21 when charged. When a minor is charged with his/her first DUI under Texas law, its because they have “any detectable amount of alcohol in his/her system” while operating a motor vehicle. Driving Under the Influence is considered a Class C offense in Texas. The first time you are stopped for drinking and driving under 21, you could face the following penalties: Up to a $500 fine, a 60-day Driver License suspension, 20 to 40 hours of community service or mandatory alcohol-awareness classes. Now if you’re 17 years of age or older and are pulled over for drinking and driving with a blood or breath alcohol concentration (BAC) of .08 or greater, you could face: Up to a $2,000 fine, 3 to 180 days in jail or a Driver License suspension for 90 days to a year. Texas has zero tolerance on minors drinking while driving. Now, a DWI in Texas is when a person is legally intoxicated and may be arrested and charged with Driving While Intoxicated (DWI) with a .08 BAC (blood or breath alcohol concentration). A person can also be intoxicated if impaired due to other drugs regardless of BAC. If convicted, they face a penalty of a fine of up to $2,000, 3 days to 180 days in jail, suspension of Driver License up to a year, and an annual fee of $1,000 or $2,000 for three years to retain Driver License.

Aaron  asks: Not long ago I observed a child riding on the back of a motorcycle being driven by an adult. Is there an age limit in Texas regarding to children riding on the back of a motorcycle, and do they have to wear a helmet?

Answer: In the state of Texas, child passengers on a motorcycle MUST be at least 5 years of age to ride. All motorcycle passengers and drivers under the age of 21 MUST always wear helmets. This is actually a law I don’t agree with because in a car or truck a child  must be 8 years of age or 4 feet 9 inches tall or they MUST be in a booster seat, but a 5-year-old child can ride on a motorcycle with a helmet.

Join Me, Officer Antoine and the CREW Stephen “Buzzard Boots” Mosley, Lelo “mouth of Hwy 69/73” I Washington and Tejas “Lil Man”Morning Star for Ask A Cop live on KSAP 96.9 FM The Breeze every Tuesday from 1 to 3 p.m. You can also tune in via ksapthebreeze.org. Call in live at 409-982-0247. Email questions to rickey.antoine@portarthurtx.gov, call 409-983-8673 or mail them to: Ofc. Rickey Antoine, 645 4th Street, Port Arthur, Texas, 77640. If you see me in public, you are always free and comfortable to approach and “Ask A Cop!”