“Can you go to jail for going over 100 mph” and “if an officer tells me to come to his car do I have to” ???
Someone asked about going to jail over a speeding ticket a few days ago so since it is actually a common belief I thought I would answer it this time. In short, no. If a driver is properly licensed, sober of course and agrees to sign a citation then that driver can not be jailed for speeding alone in Oklahoma. I do not know of any states, counties or cities that jail on any stand alone speeding offense and it would take a tremendous amount of research to find out but I can say I doubt it.
Any over 100 mph offense will be very expensive and especially on your insurance but in Oklahoma you would not be jailed in any jurisdiction I am aware of. Someone told me on a stop recently they had a friend who was “Thrown in jail” for going 104 mph. As I inquired further I learned the friend had a revoked license so that aggravated by a very serious speeding violation would almost always result in a trip to jail……….
I very often get asked if an officer tells you to come to his/her patrol car do you have to??? Quite simply, yes. Technically speaking you are under arrest when any police officer activates his lights behind with an intention to stop you for an alleged traffic offense. With that in mind you should simply politely object if you have serious reservations about coming to the patrol car but bear in mind you MUST if the officer insists or you risk physical arrest. Very often my writings aggravate people when what I say is not what they want to hear but the fact is that police officers have tremendous arrest power when acting within their scope of employment so they can order you to their car if they choose to. If this were not true we could seldom if ever arrest drunk drivers in this region because with the dependable breeze we have we could seldom smell alcohol or make a proper arrest decision without getting drivers in our cars. If not too windy it is often too cold to stand outside long for both the officer and suspect and with wind and cold together I think most may see what I mean. Well-trained officers do not make arrests without interviewing suspects and making observations of the odors on their person, their speech, actions, body language etc. in order to make an intelligent and proper arrest. Why would any person facing possible or certain arrest get out of their vehicle if officers did not have the authority to order them out if they feel it necessary???
I think a few people fear unprofessional or unethical police officers and as with any occupation there are a few of those out there but in the video age your risk of being harmed by a police imposter or a “bad cop” is probably less than being struck by lightning sitting in your living room……..
Trooper Duane Johnson #280
Oklahoma Highway Patrol
