Traffic stop question

[DMC]

Gentlemen, I have a question about getting pulled over for a traffic violation. I am not posting to bash cops, the officer in question did his job in a polite and courteous manner.

My wife was doing 75 (the normal posted limit) in a 60mph work zone. I was in the passenger seat. We and most other drivers were still doing 75 (this was the first day the work zone had been extended). Traffic was heavy and there were construction barrels blocking the right side shoulder and the next available exit. We had no clue who he was going to pull over till he got behind us, it took him a while to get through the traffic.

Once we knew he wanted us to pull over, we both started watching for a break in the construction barrels to pull over. It was almost a mile before there was a place to pull over. The officer after taking my wife's drivers license says "Why did you not stop when I was behind you? Was it the barrels? you should have just stopped when you knew I was trying to get you to stop".

My wife and I were shocked by his statement. Stopping on the two lane divided highway during heavy traffic would have been dangerous for use and the two officers. I have tried to find something in the transportation code about this but have not found anything yet.

So my question is should we have stopped on the busy Hwy or continued to a safe place to pull off the road?

 

[TexasRedneck]

Go to a safe place to where your stop will be off the roadway. I'd be tempted to call the PD's Chief and pose that very question to him......just to listen to the reaction!

 

[TreyG-20]

Slow down, put on flashers and pull over at the first safe place. We have a lot of construction here with the barrels lining the roads and I have seen cops pull over people for speeding through the zones. I watched one come to a dead stop in the middle of the road during some traffic and jam up the whole road. The officer had them move their vehicle about half a mile up until there was a good shoulder.

 

[Renegade]

Always pull over at the nearest safe place.

A few years ago I was doing 15 over and a trooper lit me up. I put on my turn signal and proceeded at speed limit nearly 2 miles before I found some shoulder to pull over on. I got a warning on the speeding and a thank you for looking out for officer safety.

 

[jordanmills]

Your safety is as important as the officer's. Make sure they know your intent (flashers, etc) but pick a place that's safe for both of you.

 

[txinvestigator]

The law requires that when an emergency vehicle approaches to the rear you should pull immediately to the right hand side of the roadway and stop.

Some officers (I was a cop, and worked with both types) prefer that you go ahead and pull over right away, then let them direct you to another location if they feel necessary for safety from traffic. Some do not mind if you get out of traffic to stop.

I think if you acknowledge the officer as some have indicated above, you will be OK most of the time.

Texas Transportation Code
ec. 545.156. VEHICLE APPROACHED BY AUTHORIZED EMERGENCY VEHICLE. (a) On the immediate approach of an authorized emergency vehicle using audible and visual signals that meet the requirements of Sections 547.305 and 547.702, or of a police vehicle lawfully using only an audible signal, an operator, unless otherwise directed by a police officer, shall:
(1) yield the right-of-way;
(2) immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the roadway clear of any intersection; and
(3) stop and remain standing until the authorized emergency vehicle has passed.
(b) This section does not exempt the operator of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

 

[jordanmills]

The law requires that when an emergency vehicle approaches to the rear you should pull immediately to the right hand side of the roadway and stop.

Some officers (I was a cop, and worked with both types) prefer that you go ahead and pull over right away, then let them direct you to another location if they feel necessary for safety from traffic. Some do not mind if you get out of traffic to stop.

I think if you acknowledge the officer as some have indicated above, you will be OK most of the time.

Grr. Reading that got me to read another section which made me realize that a ticket I got a few years ago (where the cop was a real dick too) for going over 30 mph on an unmarked stretch of road would not have stuck. And the two cop buddies I complained to about it were wrong when they said the speed limit is 30 mph unless marked.

 

[txinvestigator]

Grr. Reading that got me to read another section which made me realize that a ticket I got a few years ago (where the cop was a real dick too) for going over 30 mph on an unmarked stretch of road would not have stuck. And the two cop buddies I complained to about it were wrong when they said the speed limit is 30 mph unless marked.

Yeah, I think it depends on the type of roadway for the unmarked speed limit. I'd have to go look again...

 

[winchster]

Yeah, I think it depends on the type of roadway for the unmarked speed limit. I'd have to go look again...

Transportation Code - Section 545.352

 

[jordanmills]

Yeah, I think it depends on the type of roadway for the unmarked speed limit. I'd have to go look again...

If it's residential ("urban", businesses or houses at less than 100 feet for a quarter of a mile) then the minimum is 30, otherwise it's at least 60. A county/municipality can set their own default minimum, but only after an engineering and traffic investigation of that road (or if the governing body determines the default is unsafe on that highway, but only if it's a two lane undivided highway). And they have to post signs (though no indication of where or how many).

This was a four lane divided highway with no residences on its entire length, a forty acre field on one side, a field and a ditch on the other, with no posted speed limit or other signs. Plus the cop was a jerk. First words out of his mouth were "is there some medical emergency?" And he kept trying to push me into reacting. I had to use HIS de-escalation stuff on him. Wish I'd recorded it. And I would have loved to see him get shut down in court.

Sigh. If only I knew the law better...

 

[stdreb27]

I got asked a similar question, I just replied I have several close friends who are police officers and they blow a gasket every time we pass by someone who's pulled over in an unsafe manner. So I was taking that into consideration. I apologize for taking so long to pull over. Which is completely true.

He accepted that and proceeded with the stop.

 

[DMC]

Thanks for the comments guys. TI, thanks for the code reference.

I think the only thing I would have my wife do different is to turn on the flashers. I thought she had but just the right turn signal.