New Texas Laws make trips to Mexico more Risky

[ClassaxV]

Hey Fam,

Just so you are aware, as of August 2nd, 2023 these two new bills have passed and are now in effect in TEXAS

House Bill 1442 (A. Johnson/Bettencourt) provides law enforcement and prosecutors additional tools to go after organized street racing and street takeovers in Texas and elicit more substantial consequences for the perpetrators of these crimes.

House Bill 2899 (Plesa/Hall) allows immediate removal of vehicles used in street racing or a reckless driving exhibition from the road for the safety of other drivers. The bill removes the current requirement that a vehicle be impounded only if there was property damage or someone suffered bodily injury and instead allows impounding if the owner is charged with racing on a highway or reckless driving exhibition.

Meaning now if you get charged with reckless driving (for any reason) your vehicle can be impounded and or confiscated.

The problem I have always had with this is the Texas Definition of Reckless Driving according to section 545.401 of the Texas Transportation Code, reckless driving can occur if an individual operates a motor vehicle on a public road in Texas with willful or wanton disregard for the safety of others or personal property.

Operating a vehicle at any speed can pose a risk to the safety of others and personal property. Too slow is just as big a risk as too fast. The point being, be careful on those trips to 'Mexcio', because in the Lone Star State, it can now cost you your ride.....

 

[almazing]

Texas: "Don't turn my state in to California!"

Also Texas: "If we deem your speeding to be excessive and reckless, we'll take your shit."

For the record, I don't think anyone should be excessively speeding on public roads. But when cops have the entire metaphorical space of the Grand Canyon to interpret this law their own way, I think that's a problem.

 

[jbawden]

Ha, I knew it wouldn't take long to reference CA. The weather is still much better here, so I'll take it. Plenty of race tracks around me to explore limits, no need to do it on the street.

 

[ClassaxV]

Not to mention it is now illegal to OBSERVE a street race or street takeover here as well.

 

[Jim2000]

I am all for the public's safety, but government can over reach. Perhaps these Texas laws may have unintended consequences.

 

[shbox]

Not to mention it is now illegal to OBSERVE a street race or street takeover here as well.

I think that is in FL, too. Not that I object to that, since everyone does it because people watch (which can cause blocked roads and increased emergency responder issues). AR has made it a felony to flee from police if you go over the posted speed limit.

 

[Finally-a-V]

Unless the law has changed, when we lived in VA, 20 mph over the limit....ANY LIMIT (45 in a 25, or 85 in a 65)....was reckless and would lead to immediate jail time until you saw a judge.

 

[ClassaxV]

I am all for the public's safety, but government can over reach. Perhaps these Texas laws may have unintended consequences.

That's really my concern, as the reckless statute is very broad, am I reckless if I wind out 1st gear leaving a Cars & Coffee and some LEO is having a bad day? Should that cost me my ride? If I am at an impromptu car meet and some yahoo starts doing donuts, does that mean they get to impound every car in the parking lot? It's too broad.

 

[ClassaxV]

Unless the law has changed, when we lived in VA, 20 mph over the limit....ANY LIMIT (45 in a 25, or 85 in a 65)....was reckless and would lead to immediate jail time until you saw a judge.

Yep when I was in the Army I hated being stationed in VA, the traffic laws there were and still are draconian.

Here in Texas its not unusual to see everyone going at LEAST 10 to 15 over at any given time.

 

[rubberduck]

That's really my concern, as the reckless statute is very broad, am I reckless if I wind out 1st gear leaving a Cars & Coffee and some LEO is having a bad day? Should that cost me my ride? If I am at an impromptu car meet and some yahoo starts doing donuts, does that mean they get to impound every car in the parking lot? It's too broad.

Donuts and coffee, sounds great! Depends on how good your lawyer is and what judge you get. But, I would say you would be safe at a car show unless there was evidence that you knew in advance there would be a donut (eating?) contest at the meet up.

 

[Finally-a-V]

Yep when I was in the Army I hated being stationed in VA, the traffic laws there were and still are draconian.

Couple of years ago, one of the car mags, C/D or MT?, was "testing" a car near the Skyline Drive and doing some not too crazy spirited driving, and was clocked at more than 20 over the limit on a Sat morning. Trooper/Sheriff stopped him, wrote a speeding ticket, took him to jail where he sat until Monday morning to see the judge. Crazy.

 

[ClassaxV]

Donuts and coffee, sounds great! Depends on how good your lawyer is and what judge you get. But, I would say you would be safe at a car show unless there was evidence that you knew in advance there would be a donut (eating?) contest at the meet up.

That doesn't change the fact that under this new law, they can impound or seize your vehicle until your lawyer can get it back for you.

I'll throw another more likely scenario. You meet up with your local V Club and decided to cruise to a location or do a fun run for a local charity. So there you are 10 Vs deep rolling down the highway when as you make your way two of them wind up side by side. Johnny law DECIDES that you and your clubmate were racing or that someone in the club made an unsafe pass, or blocked traffic to allow the club to remain a single group and that your fun run is in fact an unsanctioned road rally. Under the new law they can impound ANY vehicles they SUSPECT were participants either in commission or support of reckless driving.

The reckless and racing statutes are both super broad and completely rely on the LEO's discretion. That was fine when you got a summons and then fought it out in court. NOW they can take your ride and hold it for however long it takes to play out in court.

 

[rubberduck]

That doesn't change the fact that under this new law, they can impound or seize your vehicle until your lawyer can get it back for you.

I'll throw another more likely scenario. You meet up with your local V Club and decided to cruise to a location or do a fun run for a local charity. So there you are 10 Vs deep rolling down the highway when as you make your way two of them wind up side by side. Johnny law DECIDES that you and your clubmate were racing or that someone in the club made an unsafe pass, or blocked traffic to allow the club to remain a single group and that your fun run is in fact an unsanctioned road rally. Under the new law they can impound ANY vehicles they SUSPECT were participants either in commission or support of reckless driving.

The reckless and racing statutes are both super broad and completely rely on the LEO's discretion. That was fine when you got a summons and then fought it out in court. NOW they can take your ride and hold it for however long it takes to play out in court.

What can I say, I guess your state is going commie. Here in Arizona when we have charity Jeep events we meet at one location and convoy down the highway for 10 miles to the event. There are 100 Jeeps in a convoy and we have Police escort to clear traffic.

 

[DCV]

Unless the law has changed, when we lived in VA, 20 mph over the limit....ANY LIMIT (45 in a 25, or 85 in a 65)....was reckless and would lead to immediate jail time until you saw a judge.

Thats still the case, as MLB player Jason Werth found out when he got clocked at 112 or so near McLean in his GT3...He got to spend two days and nights in jail. Twenty over the posted limit, is mandated jail time as set by the judge.

 

[Tall Steve]

That doesn't change the fact that under this new law, they can impound or seize your vehicle until your lawyer can get it back for you.

I'll throw another more likely scenario. You meet up with your local V Club and decided to cruise to a location or do a fun run for a local charity. So there you are 10 Vs deep rolling down the highway when as you make your way two of them wind up side by side. Johnny law DECIDES that you and your clubmate were racing or that someone in the club made an unsafe pass, or blocked traffic to allow the club to remain a single group and that your fun run is in fact an unsanctioned road rally. Under the new law they can impound ANY vehicles they SUSPECT were participants either in commission or support of reckless driving.

The reckless and racing statutes are both super broad and completely rely on the LEO's discretion. That was fine when you got a summons and then fought it out in court. NOW they can take your ride and hold it for however long it takes to play out in court.

You hit on a lot of good points......I know this is going to sound bad and probably piss people off but I don't support the police anymore because of their power hungry attitude!

I can remember in 1990 when I went to the police academy and was taught how to violate peoples civil rights and get away with it........ To this day I have a t-shirt that I wore under my vest that said (front) "We are the biggest street gang in America" (back) "We are the police"

Policing needs to change because the job can be done correctly and safely without f***ing with people!!!!

I will get off my soap box now, carry on with the roasting....

 

[PrimeTime]

This is the F!@#$% problem!

Man arrested for shooting at chaotic street takeover in Miami-Dade that injured 3

A man was arrested in connection with a shooting that injured three people during an illegal street racing takeover over the weekend in northwest Miami-Dade.

www.nbcmiami.com

 

[Matt27]

Thats still the case, as MLB player Jason Werth found out when he got clocked at 112 or so near McLean in his GT3...He got to spend two days and nights in jail. Twenty over the posted limit, is mandated jail time as set by the judge.

It was Patrick George of Jalopnik. Never Speed In Virginia: Lessons From My Three Days In Jail

 

[DCV]

Yes, they both went to jail.

 

[CBH]

Jail for 20 over is complete and total insanity.

In Texas you can get a ticket dismissed by taking a 6 hr defensive driving class as long as you were going less than 25 mph over !! That's 110 on the fastest sections of the tollway.

Not sure how much impact the new laws will have, but the street takeovers are kinda crazy. I'm sure it will be hard to tell how many people outside those true street gangs get taken to jail from it.

 

[ArgentWing]

You hit on a lot of good points......I know this is going to sound bad and probably piss people off but I don't support the police anymore because of their power hungry attitude!

I can remember in 1990 when I went to the police academy and was taught how to violate peoples civil rights and get away with it........ To this day I have a t-shirt that I wore under my vest that said (front) "We are the biggest street gang in America" (back) "We are the police"

Policing needs to change because the job can be done correctly and safely without f***ing with people!!!!

I will get off my soap box now, carry on with the roasting....

I also attended the police academy in 1990. I don't remember being taught how to violate people's civil rights. I do agree with you that many police officers are guilty of this however. I worked in small department and there were some of us that were very concerned with people's civil rights. To me it always seemed to be an administrative issue. I can remember many situations where I and others refused to make arrests when we felt a person's rights were being violated. Sadly in those situations there was usually someone willing to take on that responsibility. It was usually the guy that was upwardly mobile and willing to do anything to get a promotion. I'm sure we've all come across that person in the work place.