Last Updated on June 26, 2025 by Beltz Law Group
North Texas Traffic Ticket Defense Attorney
The laws in Texas concerning traffic control devices are designed to ensure safety and order on the roads. While the concept of obeying these devices seems straightforward, pinpointing exactly what constitutes an “official traffic-control device” and understanding the specific conditions under which a violation can be enforced can be complex. This article aims to clarify the law in Texas regarding disregarding traffic control devices and how it might impact your situation.
If you would like to discuss your “disregard traffic control device” ticket with our experienced North Texas ticket lawyers after reading this article, feel free to contact our office at 214-321-4105.
Disregard Traffic Control Device Law in Texas
The primary statute governing compliance with traffic control devices in Texas is Texas Transportation Code Section 544.004.
Sec. 544.004. COMPLIANCE WITH TRAFFIC-CONTROL DEVICE.
(a) The operator of a vehicle or streetcar shall comply with an applicable official traffic-control device placed as provided by this subtitle unless the person is: (1) otherwise directed by a traffic officer, police officer, or escort flagger; or (2) operating an authorized emergency vehicle and is subject to exceptions under this subtitle.
This subsection establishes the general rule: drivers must obey official traffic-control devices. The only exceptions are when a law enforcement officer or authorized flagger gives different instructions, or when operating an authorized emergency vehicle under specific legal exemptions.
(b) A provision of this subtitle requiring an official traffic-control device may not be enforced against an alleged violator if at the time and place of the alleged violation the device is not in proper position and sufficiently legible to an ordinarily observant person. A provision of this subtitle that does not require an official traffic-control device is effective regardless of whether a device is in place.
This is the most critical part of the law for defending against these types of tickets. It creates a direct defense if the traffic-control device was not properly placed or was not legible enough for a reasonable person to see and understand it. This “ordinarily observant person” standard is an objective measure, meaning it’s not about whether you personally saw it, but whether a typical driver would have.
Traffic Ticket Defense in North Texas
Understanding Your Defense: The Importance of Section 544.004(b)
The language in subsection (b) provides a powerful avenue for defense. If you can demonstrate that the traffic control device (whether it’s a sign, signal, or marking) was not functioning correctly, was obscured, or was improperly placed, it could lead to the dismissal of your ticket.
Examples of situations that might fall under this defense include:
- Obscured Signs/Signals: If a stop sign was covered by overgrown bushes or trees, or a traffic light was blocked by a large truck or construction equipment.
- Faded or Damaged Signs: If the paint on a sign was so faded or the sign itself was damaged to the point where it was illegible.
- Improper Placement: If a sign was placed in a location where it couldn’t reasonably be seen by an approaching driver, or if a traffic signal was malfunctioning (e.g., dark, cycling incorrectly).
To strengthen your defense, it’s highly advisable to gather evidence as soon as possible after receiving the ticket. This could include:
- Photographs or videos: Capture the sign or signal, its surroundings, and anything that might have obscured it. Take these from the perspective of an approaching driver.
- Witness statements: If anyone else observed the condition of the device, their testimony could be valuable.
- Notes: Document the time, date, weather conditions, and any other relevant details about the device’s condition.
North Texas Traffic Ticket Defense
The Definition of “Official Traffic-Control Device”
It’s also important to understand what constitutes an “official traffic-control device” under Texas law. Texas Transportation Code Section 541.304(1) defines it as:
(1) “Official traffic-control device” means a sign, signal, marking, or device that is: (A) consistent with this subtitle; (B) placed or erected by a public body or officer having jurisdiction; and (C) used to regulate, warn, or guide traffic.
This definition ensures that only authorized and properly placed devices are enforceable.
Why You Need a Farmers Branch Traffic Ticket Attorney
While the defense outlined in Section 544.004(b) is straightforward in principle, applying it effectively in court requires legal expertise. A traffic ticket conviction, even for a “disregard traffic control device” offense, can lead to:
- Points on your driving record, potentially resulting in higher insurance premiums.
- Driver Responsibility Program Surcharges from the state.
- Possible driver’s license suspension if you accumulate too many violations.
- A mark on your criminal record, as most traffic tickets are Class C misdemeanors.
North Texas Ticket Defense Lawyer
An experienced Farmers Branch ticket attorney understands how to evaluate your case, collect necessary evidence, and present a compelling defense. They can:
- Analyze the specifics of your stop and the alleged violation.
- Advise you on whether the “proper position and legible” defense applies to your situation.
- Help you gather and present photographic evidence effectively.
- Negotiate with the prosecutor for a dismissal, deferred disposition, or defensive driving option to protect your driving record.
- Represent you in court, saving you time and stress.
Don’t assume a traffic ticket is not defendable. Take the time to consult with a North Texas ticket lawyer today to evaluate your specific case and explore your options. Our team is glad to assist and can be reached by calling 214-321-4105.
