Speeding Cops

[DoubleJ]

Cops CAN speed BUT they must do so with "due care".

And that pretty much shoots to pieces the legal presumption that exceeding the posted speed is de facto evidence of unsafe speed.

HAW HAW HAW. whew. QFT, (quoted for truth) for sure.

yeah, that left lane thing drives me insane. I love when, on my daily race, I mean commute, to work flying up on someone in the left lane (usually some twit on the phone, which reminds me WHEN DID THE LEFT LANE BECOME THE CELL PHONE LANE?????) and they are too oblivious to even notice you back there, much less get outta the way.
ah, well.

[KBCraig]

Cops CAN speed BUT they must do so with "due care".

And that pretty much shoots to pieces the legal presumption that exceeding the posted speed is de facto evidence of unsafe speed.

QFT, (quoted for truth)

Oops, I actually stated that incorrectly. The Transportation Code actually says that exceeding the posted limited is prima facie evidence of unsafe speed.

Prima facie evidence is rebuttable at trial. Good luck with that in traffic court.

[AJSully421]

what ALWAYS frosts me is that i get pulled over for 70 in a 60, but the cop does 90 to catch up to me in traffic. why is it "unsafe" for me to do 70, but he can do 90. what sort of special God school of driving did he go to? I have a student's racing license from the SCCA... on a track i can drive a factory GT2 class racing Porsche up to 140, 180 with an instructor in the car, on a road course. I've also taken my truck on the track, with the governor it only does 100, but it's still fun to go that fast when you're higher off the ground... i think i can handle my truck at 70 on the interstate. What class did he attend to drive a CVPI at 90?

[texasmr2]

what ALWAYS frosts me is that i get pulled over for 70 in a 60, but the cop does 90 to catch up to me in traffic. why is it "unsafe" for me to do 70, but he can do 90. what sort of special God school of driving did he go to? I have a student's racing license from the SCCA... on a track i can drive a factory GT2 class racing Porsche up to 140, 180 with an instructor in the car, on a road course. I've also taken my truck on the track, with the governor it only does 100, but it's still fun to go that fast when you're higher off the ground... i think i can handle my truck at 70 on the interstate. What class did he attend to drive a CVPI at 90?

I believe this will answer your question.

§ 546.002. WHEN CONDUCT PERMISSIBLE. (a) In this
section, "police escort" means facilitating the movement of a
funeral, oversized or hazardous load, or other traffic disruption
for public safety purposes by a peace officer described by Articles
2.12(1)-(4), (8), and (22), Code of Criminal Procedure.
(b) Section 546.001 applies only when the operator is:
(1) responding to an emergency call;
(2) pursuing an actual or suspected violator of the
law;
(3) responding to but not returning from a fire alarm;
(4) directing or diverting traffic for public safety
purposes; or
(5) conducting a police escort.

[KBCraig]

texasmr2, I believe the point being made was that the law says exceeding the posted limit is prima facie evidence of unsafe speed. If it's unsafe, they why does it become "safe" just because the driver is a police officer?

The answer is obvious: it doesn't. Less obvious, but also true, is that the speed in question wasn't unsafe at all, despite what the law says.

[AJSully421]

the law that you're quoting did not teach any police officer high speed handling level 1 or 2, both classes that i have attended.

[texasmr2]

But who is to say that the officer in question had not taken the high speed handling course's also? Anyway I was just trying to help him but then again I'm farless knowledgable about the law's than 99.99% of the member's here so I do appologize for that.

[AJSully421]

But who is to say that the officer in question had not taken the high speed handling course's also?

each course costs $400, and you have to provide your own vehicle that will do 160 within midrange of gearing (basically, a Z06 would be the absolute minimum... anything made by prosche, lambo, or ferrari is recommended)... i don't think ANY police officer has attended either of these courses.

ETA: I guess my real rant is that 70 is the posted speed of most interstate highways outside of major populated areas, so it's not like i'm way outside my ability to handle my car, a CV at 90 is much less within capability than my truck at 70, no matter what road condition, or driver ability.

ETA2: and your knowledge of the law is not bad. some of us have been encountered with finding out that something we have done often is against the law, and to make sure that we don't screw ourselves up, learn as much law as we can, and sometimes we screw up, but we try. that's all anyone here can ask of you.

[texasmr2]

But who is to say that the officer in question had not taken the high speed handling course's also?

each course costs $400, and you have to provide your own vehicle that will do 160 within midrange of gearing (basically, a Z06 would be the absolute minimum... anything made by prosche, lambo, or ferrari is recommended)... i don't think ANY police officer has attended either of these courses.

ETA: I guess my real rant is that 70 is the posted speed of most interstate highways outside of major populated areas, so it's not like i'm way outside my ability to handle my car, a CV at 90 is much less within capability than my truck at 70, no matter what road condition, or driver ability.

ETA2: and your knowledge of the law is not bad. some of us have been encountered with finding out that something we have done often is against the law, and to make sure that we don't screw ourselves up, learn as much law as we can, and sometimes we screw up, but we try. that's all anyone here can ask of you.

Good post bro and thank's for understanding.