By: Beltz Law Firm
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Disregard Traffic Control Device Tickets In Texas
Farmers Branch Traffic Ticket Lawyer
The law in Texas as it relates to traffic control devices is very straight forward. What isn’t straight forward many times is exactly what is a traffic control device and what is not. Regardless, once a traffic control device is designated as such an officer can attempt to write a traffic offense for disregarding it. The issue then becomes, was it properly placed to inform the driver that the direction of traffic was to be followed per the sign, light, etc. This article will outline the law in Texas as it pertains to disregarding traffic control devices. If you would like to discuss your disregard traffic control device ticket with our experienced Farmers Branch ticket lawyers after reading this article, feel free to contact our office at 214-321-4105.
Disregard Traffic Control Device Law In Texas
The law on disregarding traffic control devices in Texas is as follows:
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 or police officer; or
(2) operating an authorized emergency vehicle and is subject to exceptions under this subtitle.
(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.
Understanding The Law
The most important provision of this law is part (b) which states:
- 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.
If you can provide pictures that the sign or signal was covered by bushes, trees, etc., then it is a legal defense to prosecution. Make sure you discuss this possibility with your Farmers Branch ticket attorney so that the proper defense can be evaluated. To discuss your particular traffic ticket in Farmers Branch, call our ticket lawyers today at 214-321-4105.