Speeding Because Highway Patrol SUV too close

[mustang462002]

So I'm driving home on I-10, and I'm being followed by and SUV at about 70. Speed limit is 60. I thought it was a dumb guy trying to race me. So I switch lanes. He switches. I pass he passes. All under 70. His lights were bothering me and he was following me close. So I decide to pass a car and go over 70. Bad idea he was a highway patrol in his big Chevy Yukon. He pulled me over. I exited the freeway and he wanted to give me an evasion and speeding ticket. He was very profesional and polite and he dropped the evasion charge. My question is can I go to court to argue; that if I had not been followed and had sensed danger I would have not sped. If I did not have the SUV chasing me I would have not been speeding. First ticket in two years.

Does anyone have any idea what a 10% over costs in Texas.
Also how much do I have to pay if I get driver education.

 

[01SaleenS281]

You probably do not have much of a chance with the following too close claim.
Defensive driving = +/- $60 (Rental & Online Charge) (6 hr course over 3 nights)
The fine is per mile over the speed limit and is bulked into catagories. (i.e. __ mph - __ mph over = $___)

 

[mustang462002]

Yeah I also thought that I did not have much of a chance. I never thought that an SUV could be a highway patrol I usually only look for certain cars. Defensive driving looks like my only option.

 

[01SaleenS281]

I tend to agree with you on the defensive driving route as it will get rid of the moving violation. Here in Houston we have Chevy Silverado, Chevy Tahoe, and Dodge Charger cop cars along with the typical police cruisers.

 

[FordSVTFan]

The judge will tell you that you could have slowed down to below the posted speed limit and that if you were worried, you should have dialed 9-1-1. Additionally, if you go to court the original charges can be reinstated.

Good Luck.

 

[vteckiller2000]

The judge will tell you that you could have slowed down to below the posted speed limit and that if you were worried, you should have dialed 9-1-1. Additionally, if you go to court the original charges can be reinstated.

Good Luck.

+2 Speeding is speeding. If the posted limit is 60 and you were ecxeeding that, they can prosecute you under the statute.

 

[mustang462002]

The judge will tell you that you could have slowed down to below the posted speed limit and that if you were worried, you should have dialed 9-1-1. Additionally, if you go to court the original charges can be reinstated.

Good Luck.

Well I did not stop on the freeway because I felt it was very unsafe. The shoulder is small and with my car I can not get off of it. So I don't know about reinstating the charge.

What if I did not have a cellphone. I really don't have one. I could have not dialed 911. I have sped before. But this night I was tired and I was driving under 70. Had he not been so close to me I would have not been speeding.

Thanks for the opinions.

 

[FordSVTFan]

Well I did not stop on the freeway because I felt it was very unsafe. The shoulder is small and with my car I can not get off of it. So I don't know about reinstating the charge.

The point is you dont get to decide where the stop occurs. Once a L.E. officer in a marked vehicle indicates you should pull over, he has made that decision based on numerous factors including your safety and his. To be led somewhere by someone being stopped is not a wise idea for an officer and even at slow speeds is fleeing and eluding.

What if I did not have a cellphone. I really don't have one. I could have not dialed 911. I have sped before. But this night I was tired and I was driving under 70. Had he not been so close to me I would have not been speeding.

Thanks for the opinions.

First off, I know ten year olds that have cellphones, so I dont believe you dont have one. Second your original post said you were doing 70 and then above 70, when in fact the speed limit is 60. Regardless, that is in violation of the law. Since you were speeding even before the officer was there, you cant blame your violation on him.

Additionally, you made the decision to speed up. Obviously a person following close to you wants to go faster than you, so speeding up will accomplish little. Slowing down gets the point across and will eventually cause them to pass you. Plus it is safer to be followed closely at slower speeds if that has to occur.

Your story or the like has been repeated to traffic judges across this country for decades, it is not a valid defense.

I suggest you go into court and tell the judge that you were doing 70 until the officer scared you and caused you to go faster and agree to a ticket for 70 in a 60. At that point the judge will either agree or not. If he doesnt agree he may find that you did flee to elude and charge that as well.

Good Luck.

 

[94five0]

Well I did not stop on the freeway because I felt it was very unsafe. The shoulder is small and with my car I can not get off of it. So I don't know about reinstating the charge.

What if I did not have a cellphone. I really don't have one. I could have not dialed 911. I have sped before. But this night I was tired and I was driving under 70. Had he not been so close to me I would have not been speeding.

Thanks for the opinions.

1. whenever I have to move for an emegency vehicle, I always pull over to the farthest right hand lane, i never speed up tho, I drop my speed. it's true there are different definitions as what constitutes a breakdown lane, but hopefully, the officer has a nice, bright set of deck lights that will warn other motorists he's present with a vehicle stop..and they, in turn will adjust their speed/awareness appropriately.

2. the cellphone defense won't work- this day and age, they're as cheap as 10 dollars. If you can afford a car, you can afford a phone to use in an emergency.

3. police will tell you to drive to a safe, public, well-lit place if you ever feel unsure about an unknown vehicle attempting to stop you. coincidentally, If you hear a loudspeaker or an l.e.d lightbar lights up, or another marked unit with lights pulls in behind, safe to say, I would stop immediately.


DPS around here uses Vics, Explorers an unmarked Chargers

 

[ImShakn]

The point is you dont get to decide where the stop occurs. Once a L.E. officer in a marked vehicle indicates you should pull over, he has made that decision based on numerous factors including your safety and his. To be led somewhere by someone being stopped is not a wise idea for an officer and even at slow speeds is fleeing and eluding.

Just FYI, VSP bought a truck for me after insisting my driver pull over on a soft shoulder that gave way during the stop. The VSP was also responsible for the occupants' medical bills. That poor judgment cost the trooper his job and the VSP nearly $200,000.

The OP didn't mention that the vehicle was marked, only that it had flashing blue and red lights. We have had incidents of civilians impersonating LEOs near me. What's the local PD's suggestion if you aren't sure that you are being stopped by a real LEO? Drive to a well-lit location where you feel safe, and contact 911 if you have a cell phone.

First off, I know ten year olds that have cellphones, so I dont believe you dont have one.

You know 10 year olds who are among the 69% of Americans with cell phones so that means that the OP can't be among the 31% of Americans without a cell phone?

 

[FordSVTFan]

Just FYI, VSP bought a truck for me after insisting my driver pull over on a soft shoulder that gave way during the stop. The VSP was also responsible for the occupants' medical bills. That poor judgment cost the trooper his job and the VSP nearly $200,000.

How did the officer insist that your driver pull over on the soft shoulder? And that one instance does not equate to anything more than an anomaly and it is certainly not representative of the millions of safe traffic stops made per year. But feel free to post proof of this "occurence" as it would be important to put your statements in the correct context.

The OP didn't mention that the vehicle was marked, only that it had flashing blue and red lights. We have had incidents of civilians impersonating LEOs near me. What's the local PD's suggestion if you aren't sure that you are being stopped by a real LEO? Drive to a well-lit location where you feel safe, and contact 911 if you have a cell phone.

Yet that isnt what the OP indicated.

You know 10 year olds who are among the 69% of Americans with cell phones so that means that the OP can't be among the 31% of Americans without a cell phone?

Actually, according to the CTIA-Wireless Association, over 250 million Americans now subscribe to a cellular-phone service. That is 83% penetration of the U.S. population. Now if we substract out the kids below ten and the infirmed, those in prison and nursing homes, it is safe to assume we are closer to 95%.

 

[CobraMarkVIII]

i feel bad for you, because i understand your situation. However, in your situation i would have slowed down and pulled to the right lane. I also would have pulled over immediately.

 

[ohmsby]

I always pull off the roadway, next exit, etc. etc. Primarily so I am not in one of those you tube video's where somebody slams into the car. I really have never had an officer complain.

I will continue this practice as I think it is safer IMHO

 

[mustang462002]

Actually I do get to decide where the stop is. Because I am not going to get slamed into by a rubernecking driver. The cop is not God. He's just a cop that wants to pull me over. I say where I pull over.

Well guess I'm poor and can't affor a cellphone. I don't have one because I am always at school. Always hooked to my outlook. So I use email.

The SUV was following at 3 car lenghts for 5 miles. I did not have any idea he was an officer.The unit that stopped me had no distinction at night at 8 p.m. of being an officer. Later he turned his lights on and I exited on the first exit. I pulled over on a very large shoulder away from cars.

I thought that officers appreciated motorists that pull over in a place where they will not get hit or run over possibly killed.

Actually the officer could have given me a ticket for going over 70. So I guess that its true I was speeding. Like I said the guy was polite and very professional.

I don't know I still feel cheated. Why didn't he just follow me pace me from a distance and later pull me over like all other cops out there.

Whats OP?

I'm going to court I'll let you guys know how it went.

 

[wvmystichrome]

The OP didn't mention that the vehicle was marked, only that it had flashing blue and red lights. We have had incidents of civilians impersonating LEOs near me. What's the local PD's suggestion if you aren't sure that you are being stopped by a real LEO? Drive to a well-lit location where you feel safe, and contact 911 if you have a cell phone.

They had several incidents around here a couple of years ago like that. They printed the same advice in the newspaper and aired it on the radio just to let people know they could advance to a well-lit and safe place to pull over. I think they suggested putting on their emergency blinkers to let the car behind them know they saw them and were not trying to evade.

 

[mustang462002]

I also put my right blinker and pulled to the rightmost lane to let him know I was not evading.

 

[FordSVTFan]

Actually I do get to decide where the stop is. Because I am not going to get slamed into by a rubernecking driver. The cop is not God. He's just a cop that wants to pull me over. I say where I pull over.

While that is your opinion, the law doesnt agree with you. Once a police officer indicates you are to stop, you are to stop. If you choose not to stop, you will likely be subject to additional charges.

Well guess I'm poor and can't affor a cellphone. I don't have one because I am always at school. Always hooked to my outlook. So I use email.

Sure.

The SUV was following at 3 car lenghts for 5 miles. I did not have any idea he was an officer.The unit that stopped me had no distinction at night at 8 p.m. of being an officer. Later he turned his lights on and I exited on the first exit. I pulled over on a very large shoulder away from cars.

Three car lengths is not following too close. That is close to 45 feet. The unit had no distinction at night? What does that mean? Was it a marked unit (markings on the doors, etc.)?

I thought that officers appreciated motorists that pull over in a place where they will not get hit or run over possibly killed.

Once again, police officers dont just throw on the lights the minute you do something wrong. They consider the location and environment in deciding where to pull you over. If you decide where to pull over and require the officer to follow you until you are ready to stop, that puts the officer under your control and that is not a wise place to be. Someone doing that could be setting the officer up for ambush, etc. If an officer does not like where he is stopping you, he will indicate to move or to follow him elsewhere.

Actually the officer could have given me a ticket for going over 70. So I guess that its true I was speeding. Like I said the guy was polite and very professional.

Okay.

I don't know I still feel cheated. Why didn't he just follow me pace me from a distance and later pull me over like all other cops out there.

What difference does it make? You still got the same ticket.

I'm going to court I'll let you guys know how it went.

Okay.

 

[Juruense]

The cops always get close so they can read and run your plates. They stay close until the get the information from the computer on you and your vehicle. Then if they feel it necessary they pull you over.

That being said, at night I can relate to your concerns when being "tailgated" by a mysterious SUV. I am not sure what I would have done in the same situation. Probably I would have either sped up or slowed down most likely sped up... And I would have got onwed just like you did. Its a tough situation IMHO.

 

[ImShakn]

How did the officer insist that your driver pull over on the soft shoulder? And that one instance does not equate to anything more than an anomaly and it is certainly not representative of the millions of safe traffic stops made per year. But feel free to post proof of this "occurence" as it would be important to put your statements in the correct context.

It was the trooper's admitted insistence via his patrolcar's loudspeaker that sealed his fate in court. Had he not done so and allowed my driver to proceed to the nearest safe location then the stop would not have been in question...especially since the trooper intended to perform a safety inspection on the truck. If you really want me to dig up the newspaper articles from 10 years ago just to show that LEO's do indeed make poor judgment calls then I'll see what I can do.

Actually, according to the CTIA-Wireless Association, over 250 million Americans now subscribe to a cellular-phone service. That is 83% penetration of the U.S. population. Now if we substract out the kids below ten and the infirmed, those in prison and nursing homes, it is safe to assume we are closer to 95%.

Admittedly, the stats I found were from 2006. If you are going to start subtracting from one column, then you have to start subtracting from the other...individuals with multiple phones, individuals switching providers, contracts terminated early, those in prison and nursing homes who are still under contract, etc. I think you get the point that it is not safe to assume that the OP is lying about not having a cell phone just because you happen to know a 10 year old who does have one.

 

[Iceman II]

Actually I do get to decide where the stop is. Because I am not going to get slamed into by a rubernecking driver. The cop is not God. He's just a cop that wants to pull me over. I say where I pull over.

Actually, no you don't get to decide where you can stop. I dictate where the stop will be made based on safety issues. It boils down to safety, because really there is no safe place to make a stop. No, we are not gods, we have a job to do and thats all there is to it.