DISAGREEMENT OVER IN PRECINCT 3 CONSTABLE’S VEHICLE – UPDATED
When the Commissioners of Washington County voted to allow for the transfer of an unused Chevy Tahoe from the Sheriff's Office to the Constable of Precinct 3 David Blakey Jr., the vote was split 3/1, with Commissioner Hanath making up the sole ‘nay’ voice.
Commissioner Kirk Hanath was clear he did not support the motion as it stood, as it the way they had written it, it would be a change to the constable's budget. For Hanath, he firmly believed it did not follow proper procedure. Washington County Judge John Brieden explained Hanath’s protest…
However, he also stated he isn’t opposed to the idea of outfitting Blakey with a vehicle, but rather he added, “What [he’s] opposed to is changing the budget without proper procedure. We’re in budget now… we could change it right now.”
Commissioner Joy Fuchs made the motion to transfer the vehicle to Blakey contingent on a temporary trial period of six months, suggesting they see how the constable's “performance” responds. Her indication was based on ticket writing as a source of income, mentioning how she goes “79 mph up 290 and people fly by like [she’s] standing still.”
Blakey has argued he would be able to make traffic stops if outfitted with a county issued vehicle, complete with radar and radio.
Brieden suggested the timeline be moved to a year instead, as that would be a more feasible trial timeline.
Constable Blakey is requesting the vehicle, which was discharged from service from the Sheriff’s Office rotation after maintenance issues, with the contingency that he would have to pay for the repairs to it.
Brieden added that at this time, Blakey’s budget is not made for a vehicle.
Blakey would be the only elected Constable with a vehicle. Brieden mentioned some Constable Deputies have them, but the Constables, who are elected officials, are reimbursed for personal vehicles after turning in monthly reports.
Boy, it sure seems like you can see the folks who speed in the comments section here! Now, if everyone is going 90 and someone is going 75, the law pretty much says that the person going 75 is the one causing the dangerous situation.
No person shall drive a vehicle at a speed greater than is reasonable and prudent under the circumstances then existing or under the conditions and having regard to actual and potential hazards. Tran. Code § 545.351(a) & (b)(1)
And:
Texas is one of the minority of states that use a “prima facie” or “presumed” speed limit law. In state that use this system for all or some of their roads it’s legal to drive over the posted limit as long as you are driving safely. For example, if you are driving 50 mph in a 40-mph zone, you are “presumed” to be speeding. But if it is 6 a.m. on a clear, dry morning with no other cars on a wide, straight road, and you can convince the judge that you were driving safely given those conditions, you should be acquitted. That’s because you present facts that “rebut the presumption” that by going over the limit you were driving at an unsafe speed.
In states such as Texas, if you’re accused of violating a “presumed” speed limit, you may be able to make two possible defenses:
Claim you weren’t exceeding the posted speed limit, or
Claim that, even if you were exceeding the posted limit, you were driving safely given the specific road, weather, and traffic conditions at the time.
So what is a citizen to do? Have a front-facing DVR camera with GPS that records the speed of the vehicle and the driving conditions. If you are driving faster than the speed limit, you might get a ticket. Go before the judge, show your video recording, and convince the judge that you were driving an appropriate speed for the road, weather, and traffic conditions, and you should be acquitted.
Exceptions to this law are school zones and work zones with workers present.
As my comment was taken out of context I was trying to point out that even though the speed limit on 290 west is 75 mph and I usually drive that speed people pass me like I am going slow- I was trying to point out that those people are a safety concern and it would be good to have someone patrolling when cars go 90 mph. I can assure you that sometimes it is like a race track especially on the weekends. I made lots of other comments about why we should grant Constable Blakey a chance to help us keep safety on our highways while helping with revenue to offset taxes. Thank you for all your comments and believe me I am setting my cruise control on 75 mph and am watching the cars flash their lights at me as they pass.
Thanks for at least commenting, however if the quote in the article is an exact quote, I would like to know how it was taken out of context. You either said those words or you did not? I have long felt that most JP courts and municipal courts have turned into nothing more than revenue courts existing for the sole purpose of creating revenue for government. It has become one the easiest ways for many small governments to increase revenue without calling it a tax increase. Never mind the citizens who are targeted for very minor things that end up caught in this web of revenue generation while major crimes are going unpunished because law enforcement lacks the resources it needs to investigate those.
While I am glad the commissioner has decided to obey the law personally, I think this is a terrible idea and encourage her to challenge the county to put these resources into protecting our citizens and solving real crimes, not hunting down motorist to fleece them of their hard earned money.
The more I have pondered this the more morally wrong I think it is. The complete failure of our elected officials to even pretend this is about public safety coupled with the open and “in your face” admission that all they are concerned about is revenue is so incredibly wrong. I challenge our elected officials to sit down for a public interview with KWHI and try to answer the hard questions being posed here. Lets see them answer for what they are trying to do to our citizens.
Also, does this constable have the current training to be using traffic radar and to perform all the duties of a law enforcement officer tasked with interacting with public this way? Our officers who are out there on patrol have lots of training and know how to do this correctly, does this constable? Lets hear some more facts.
DISGUSTED You are exactly right in so many ways!!!! Voting them out is the right move now!!!
Ok does anyone notice the comment by Joy Fuchs about how she drives 79 mph on 290. Why would a supposedly law abiding citizen admit to breaking the law by speeding? Not a very professional comment by an elected official.
Did I read the story correctly? Did commissioner Joy Fuchs admit to breaking the law by speeding?
Good idea! Kurt needs to find another line of work. Thanks to all that voted to give it a go never know whose life will be saved b y this move.
This article contains much better information than was preciously reported and frankly I find it disgusting! The purpose of this vehicle is for the constable to become a ticket writer in the Barney Fife sense….. Are we really going to try to fleece the public with more tickets so we can increase revenue? As a means to measure performance they want to see how many tickets he writes to see if he can justify a vehicle? This is an insult to the public and should not happen. I keep waiting to hear a public official honestly talk about a concern for the safety of the public, not using our laws to grab revenue out of the pockets of citizens which is exactly what they intend. One commissioner apparently publically admitted to breaking the law in this article but wants people who break the law more than her to pay a fine! This whole thing is an insult. We have unsolved home burglaries, rampant drug issues, family violence, and a host of other crimes the our sheriffs department could use this vehicle to investigate and yet we are talking of giving it to a constable so he can make the county a quick and easy buck. Completely disgusting and our county commissioners should be ashamed of themselves.
You may find it hard to believe, but the majority of these burglars, dopers, and other criminals are caught during traffic stops.