By: Beltz Law Firm
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Disobeying Warning Sign & Barricade Laws In Texas
Richardson Traffic Ticket Lawyer
Disregarding Barricade and Disobeying Warning Sign tickets in Texas have a certain burden of proof that must be met before charges can be accepted and filed against a defendant. This article will outline the law that applies to these types of cases and what possible defenses there are if you are charged. If you would like assistance with a traffic ticket like this after reading this article, feel free to contact our Richardson Traffic Ticket Lawyers by calling 214-321-4105.
Section 472.022 Of The Transportation Code
This section of the Transportation Code contains the law that applies to cases like disregarding a barricade or warning sign in Texas. The specific Article reads as follows:
(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.
(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.
Possible Defenses To Article 472.022 Of The Transportation Code
The law is pretty clear that anytime a person ignores the warnings of a sign they can be issued a charge for it. However, the sign must be sufficiently specific to tell a driver what to do. For example, a sign simply saying “road work” is insufficient. The sign must state something like “stay in left lane” giving direction to the driver to avoid the any possible accident caused by the road work ahead. If the sign does not do this, then you may have an argument for dismissal of the case. To discuss other possible defenses to these types of traffic tickets in Richardson Municipal Court or any of the surrounding communities in North Texas, contact our traffic ticket lawyers at 214-321-4105