Last Updated on June 19, 2025 by Beltz Law Group
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Understanding “Disregard Barricade” and “Disobey Warning Sign” Offenses in Texas: A Closer Look
In Texas, encountering warning signs or barricades on the road is a common occurrence, particularly with ongoing construction and maintenance. While these seem straightforward, failing to adhere to them can lead to a serious traffic ticket under the Texas Transportation Code. These “Disregard Barricade” and “Disobey Warning Sign” offenses carry specific legal definitions and a burden of proof that must be met before charges can be successfully prosecuted.
This article will outline the law that applies to these types of cases and discuss possible defenses if you find yourself charged. If you need assistance with such a traffic ticket in Richardson Municipal Court or any of the surrounding communities in North Texas, feel free to contact our Richardson Traffic Ticket Lawyers by calling 214-321-4105.
The Law: Texas Transportation Code Section 472.022
The specific law governing these offenses is found in Section 472.022 of the Texas Transportation Code, titled “Obeying Warning Signs and Barricades.” This section clearly defines the prohibited actions and their potential penalties.
Disregard Warning Signs and Barricades
Sec. 472.022. OBEYING WARNING SIGNS AND BARRICADES.
(a) A person commits an offense if the person: (1) disobeys the instructions, signals, warnings, or markings of a warning sign; or (2) drives around a barricade.
(b) This section does not apply to: (1) a person who is following the directions of a police officer; or (2) a person, including an employee of the department, a political subdivision of this state, or a contractor or subcontractor, whose duties require the person to go beyond or around a barricade.
(c) Each violation of this section is a separate offense.
(d) An offense under this section is a misdemeanor punishable by a fine of not less than $1 or more than $200, except that: (1) if the offense is committed in a construction or maintenance work zone when workers are present and any written notice to appear issued for the offense states on its face that workers were present when the offense was committed, the offense is a misdemeanor punishable by a fine of not less than $2 or more than $400; or (2) if a person commits an offense under Subsection (a) where a warning sign or barricade has been placed because water is over any portion of a road, street, or highway, the offense is a Class B misdemeanor.
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(e) In this section: (1) “Barricade” means an obstruction: (A) placed on or across a road, street, or highway of this state by the department, a political subdivision of this state, or a contractor or subcontractor constructing or repairing the road, street, or highway under authorization of the department or a political subdivision of this state; and (B) placed to prevent the passage of motor vehicles over the road, street, or highway during construction, repair, or dangerous conditions. (2) “Construction or maintenance work zone” means a portion of a highway or street: (A) where highway construction or maintenance is being undertaken, other than mobile operations as defined by the Texas Manual on Uniform Traffic Control Devices; and (B) that is marked by signs: (i) indicating that it is a construction or maintenance work zone; (ii) indicating where the zone begins and ends; and (iii) stating: “Fines double when workers present.” (3) “Warning sign” means a signal, marking, or device placed on a barricade or on a road, street, or highway during construction, repair, or dangerous conditions by the department, a political subdivision of this state, or a contractor or subcontractor to warn or regulate motor vehicular traffic. The term includes a flagger deployed on a road, street, or highway by the department, a political subdivision of this state, or a contractor or subcontractor to direct traffic around or on the road, street, or highway during construction, repair, or dangerous conditions.
(f) Articles 45.051 and 45.0511 Code of Criminal Procedure, do not apply to an offense under this section committed in a construction or maintenance work zone when workers are present. (Note: These articles relate to deferred disposition and dismissal procedures that might not be available for offenses in work zones with workers present).
Burden of Proof and Possible Defenses
Disregard Traffic Control Device
While the law appears straightforward, the prosecution still bears the burden of proving every element of the offense beyond a reasonable doubt. This opens the door for several potential defenses:
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Insufficient Specificity of the Sign/Instructions: The law requires drivers to “disobey the instructions, signals, warnings, or markings of a warning sign.” This implies that the sign must provide clear and understandable instructions. For example, a generic “Road Work Ahead” sign may be insufficient to support a conviction for “disobeying instructions” unless accompanied by clear directives like “Merge Left” or “Reduce Speed to 45 MPH.” If the warning sign does not sufficiently tell a driver what to do, then you may have an argument for dismissal.
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Improper Placement or Legibility: Warning signs and barricades are considered traffic control devices and must comply with the Texas Manual on Uniform Traffic Control Devices (TMUTCD). This means they must be placed in a way that an ordinary person could understand their directions and be sufficiently legible. If the signs or barricades were obscured, damaged, improperly angled, or placed in a confusing manner, it could be argued that the instructions were not adequately conveyed.
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Lack of Proper Authorization: For a barricade to qualify as such under the statute, it must be “placed… by the department, a political subdivision of this state, or a contractor or subcontractor… under authorization of the department or a political subdivision.” The prosecution must be able to prove that the entity placing the barricade had the proper authorization. If they cannot, a crucial element of the offense may be missing.
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No Obstruction or Dangerous Condition: A “barricade” is defined as an obstruction “placed to prevent the passage of motor vehicles… during construction, repair, or dangerous conditions.” If it can be demonstrated that no such construction, repair, or dangerous condition existed at the time of the alleged offense, or that the barricade was not effectively preventing passage as defined, a defense may arise.
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Exemptions (Following Officer’s Directions or Official Duties): Subsection (b) provides clear exemptions. If you were following the directions of a police officer, or if your official duties as an employee or contractor required you to go beyond or around the barricade, you are not committing an offense.
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“Workers Present” Element: For the enhanced fine in a construction or maintenance work zone, the prosecution must prove that workers were actually present when the offense occurred, and the notice to appear must state this on its face. This can sometimes be challenging for the prosecution to establish definitively.
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Why You Need a Traffic Ticket Lawyer
Disregarding barricade or warning sign tickets, especially in work zones or flood areas, can carry increased fines and potentially more severe consequences, including a Class B misdemeanor. Like any moving violation, a conviction for this offense will go on your driving record and can contribute to driver’s license suspensions and increased insurance rates.
An experienced traffic ticket attorney understands the nuances of Transportation Code Section 472.022 and the standards set by the TMUTCD. We can:
- Challenge the Burden of Proof: We will scrutinize the evidence, demanding proof of proper authorization, placement, and clarity of the signs or barricades.
- Identify Legal Defenses: We can determine if any of the statutory exemptions or other defenses apply to your specific situation.
- Negotiate with the Prosecutor: Our goal is to achieve the best possible outcome, which often includes a dismissal or a plea to a lesser offense that doesn’t impact your driving record.
- Represent You in Court: We can often appear on your behalf, saving you time and stress.
If you are facing a charge for disregarding a barricade or disobeying a warning sign in Richardson Municipal Court or any of the surrounding communities in North Texas, do not simply pay the ticket. Contact our Richardson Traffic Ticket Lawyers at Beltz Law Group by calling 214-321-4105 for a consultation. We are here to help you understand your options and build a strong defense.
