Last Updated on July 22, 2025 by Beltz Law Group
Understanding “Disregard Traffic Control Device” Tickets in Texas (Transportation Code 544.004)
Traffic Ticket Defense Texas
Traffic control devices are the silent orchestrators of our roadways, from simple stop signs to complex signal systems. However, a moment’s inattention or a genuine misunderstanding can lead to a “Disregard Traffic Control Device” ticket, a common violation our traffic ticket attorneys at the Beltz Law Group encounter daily.
These tickets, considered “moving violations” in Texas, can have a tangible impact on your driving record, potentially affecting your insurance rates and even your driving privileges. Understanding the nuances of this law is crucial if you’ve received such a citation. We highly recommend discussing your particular situation with an experienced traffic ticket attorney. Feel free to contact us today at 214-321-4105 for a consultation.
The Law: Texas Transportation Code, Section 544.004
The foundation for obeying traffic control devices in Texas is laid out in Texas Transportation Code Section 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.
(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.
What Constitutes a “Traffic Control Device”?
The term “traffic control device” is incredibly broad. It encompasses virtually anything used to regulate, warn, or guide traffic. This includes, but is not limited to:
- Signals: Traffic lights (red, yellow, green, arrows), pedestrian signals, railroad crossing signals.
- Signs: Stop signs, yield signs, speed limit signs, one-way signs, no parking signs, warning signs (e.g., curves ahead, school zones), lane control signs (e.g., turn only lanes), construction zone signs.
- Markings: Lane lines (solid, broken), crosswalks, stop lines, symbols on the pavement (e.g., turn arrows), parking space markings.
- Barricades: Temporary obstructions used to guide or block traffic, especially in construction or hazardous areas.
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The design, placement, and maintenance of these devices are governed by strict guidelines outlined in the Texas Manual on Uniform Traffic Control Devices (TMUTCD).
Understanding Your Obligation and Key Defenses
Subsection (a) establishes the general rule: you must comply with official traffic-control devices. However, there are critical exceptions and defense points:
- Direct Orders from Authorities: You are excused from complying with a device if you are “otherwise directed by a traffic officer, police officer, or escort flagger.” If a police officer waves you through a red light, you should follow the officer’s command, not the signal.
- Emergency Vehicles: Operators of authorized emergency vehicles (like ambulances, fire trucks, or police cars) are also exempt under certain circumstances, usually when responding to an emergency with lights and sirens activated.
Subsection (b) is vital for your defense:
- Proper Position and Legibility: This subsection states that if a law requires a traffic control device for enforcement, then that law “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.”
- “Proper Position”: Was the device placed where it should be? Was it at the correct height? Was it facing the correct direction?
- “Sufficiently Legible”: Was the sign faded, obscured by foliage, covered in graffiti, or otherwise unreadable? Was a traffic light malfunctioning or dark?
- “Ordinarily Observant Person”: This sets the standard. Would a reasonable, attentive driver have been able to see and understand the device?
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This provision is a cornerstone for many defenses. For example, if you ran a stop sign that was completely hidden by tree branches, or if you failed to obey a speed limit sign that was defaced, Subsection (b) may provide a valid defense.
Important Note: Subsection (b) also clarifies that if a law does not require a traffic control device (e.g., the general duty to drive safely or rules about passing), then that law is still effective even if no device is present.
Why Fight a “Disregard Traffic Control Device” Ticket?
While it might seem easier to just pay the fine, a conviction for disregarding a traffic control device can have lasting negative effects:
- Driving Record Points: These are moving violations, and a conviction will add points to your driving record, which can accumulate and lead to surcharges or even license suspension.
- Insurance Premiums: Insurance companies often see traffic violations as indicators of increased risk, leading to higher monthly or annual premiums.
- Driving Privileges: Multiple convictions can threaten your ability to drive.
How Beltz Law Group Can Help
At the Beltz Law Group, we understand the complexities of traffic laws and the potential impact of a “Disregard Traffic Control Device” ticket. Our experienced attorneys can:
- Evaluate Your Case: We will meticulously review the details of your citation, including the police report, and gather any relevant evidence (e.g., photos of the intersection, witness statements).
- Challenge the Device Itself: We will investigate whether the traffic control device was in “proper position” and “sufficiently legible” at the time of the alleged violation. This often involves knowledge of the TMUTCD and local regulations.
- Identify Exceptions: We will determine if your actions fell under any of the exemptions outlined in the statute, such as following an officer’s direct order.
- Negotiate with Prosecutors: Our goal is to secure the best possible outcome for you, which may include dismissal of the charges, reduction to a non-moving violation, or deferred disposition to keep the offense off your record.
- Represent You in Court: If necessary, we will represent you in court, presenting a strong defense on your behalf.
Don’t Let a Ticket Define Your Record
A traffic ticket doesn’t have to automatically result in a conviction. If you’ve received a “Disregard Traffic Control Device” ticket in North Texas, take proactive steps to protect your driving record and financial well-being.
Contact the Beltz Law Group today at 214-321-4105 for a confidential consultation. Let us put our expertise to work for you.
