Assistant Austin Police Chief Chris McIlvain was stopped by Police Officer David Montalvo while driving 92 mph in a 65 mph zone on Feb. 18, but only got a warning at the time (video below).
McIlvain is in charge of the police department's professional standards division, according to the Austin American-Statesman.
McIlvain was speeding while off-duty, with his young son, to catch a Baylor basketball game in Waco.
Montalvo's dashcam video recorded the incident in which McIlvain asked, "How fast was I going?"
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Montalvo answered, "Well, the first reading was 92, and I clocked you in at 88."
McIlvain replied, "Holy mackerel."
McIlvain told the Austin American-Statesman he thought he was in a 75 mph speed zone, which still would have been speeding: "At the time of the traffic stop, I believed I was in the area of MoPac where the speed limit was 75. I was mistaken, and have received a citation for the violation."
McIlvain was given a written warning at the time by Montalvo, who told him, "Be safe. Take care, buddy."
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Interim Police Chief Brian Manley was not aware of the incident until the newspaper recently mentioned it to him. Manley then had Montalvo cited with a $195 ticket.
"I expect officers of this department to comply with the law, whether it be criminal or traffic laws, just like we expect the citizens to," Manley stated.
Manley said he opened an internal affairs investigation, which is now complete. He said the state civil service law stopped him from talking about the resolution because it did not include a suspension.
Manley insisted that the Austin Police Department had a history of holding its officers accountable:
I think that we’ve got a culture and a history now of holding officers accountable. We regularly arrest officers when they commit violations as we would a citizen under similar circumstances. We also regularly issue citizens warning citations. But our officers have discretion, and I think our community wants officers to have discretion.
McIlvain did not break any policies by having a city-owned car while off duty because departmental officials are on call 24/7.
Manley didn't think that McIlvain's trip to Waco was a problem, notes KTBC: "I don't think traveling to Waco or San Antonio in a city car is unreasonable, because if I needed chief Mcllvain back in the city, I would have called him and he would have responded."