By: Beltz Law Firm
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Disregarding Traffic Control Device Traffic Tickets In Rockwall
Disregarding a traffic control device tickets are a common reason for issuing traffic tickets in Rockwall Municipal Court. However, based on our experience, the tickets may not actually be the correct charge. Many of these traffic tickets are for crossing the double white line. This type of violation is normally issued as a precursor to a DWI stop.
Attorneys That Defend Traffic Tickets In Rockwall
What traffic ticket lawyers have found while representing others in Rockwall Municipal Court is that instead of charging the person with a failure to maintain a single lane of traffic, some prosecutors have chosen to charge those who are alleged to violate this law with a disregard traffic control device. The two charges are mutually exclusive and are not the same thing. This article is intended to describe the difference between the charges. If you would like to talk to an experienced traffic ticket attorney in your area feel free to contact our Rockwall ticket attorneys today.
Compliance With Traffic Control Device In Rockwall, TX
The applicable statute that applies to this requirement is located in The Transportation Code Section 544. The specific section states 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…
The remainder of the sections in 544 describe what “traffic control” devices are. For example:
- Sec. 544.007. TRAFFIC-CONTROL SIGNALS IN GENERAL
- Sec. 544.0075. CERTAIN TRAFFIC-ACTUATED ELECTRIC TRAFFIC-CONTROL SIGNALS
- Sec. 544.008. FLASHING SIGNALS
- Sec. 544.009. LANE-DIRECTION-CONTROL SIGNALS
- Sec. 544.010. STOP SIGNS AND YIELD SIGNS
- Sec. 544.011. LANE USE SIGNS
None of these sections apply to the road markings that divide one lane from one another. They are only applicable to the actual signs and devices that control the lanes and travel through them. If you are alleged to have failed to maintain a lane in traffic it is not covered by any article in Section 544 of The Transportation Code and you should not be charged under this section of the law.
Other Side Of The Coin
The alternative argument that we have heard is that there is, “case law” out there that describes a double white line violation as a disregard traffic control device. However, we have not been able at the time this article was written to find that case law. If it exists, then the counter argument would definitely be that in order to have a violation of “crossing” the double white line that an actual “crossing” must occur. You cannot simply touch the white line and expect that to be considered a crossing. When a person “crosses” the road, they go from one side of the road to the other. That same standard should be applied to “crossing a double white line.” No exceptions. Apply the plain meaning.
Fail To Maintain A Single Lane In Rockwall, TX
There is no actual traffic violation for failing to maintain a single lane. Each of us every day end up touching the line that divides one lane from another. It only becomes an offense when it is proven that the lane change was unsafe. In order to determine what actual code section applies you look to the articles contained in section 545 of The Transportation Code. There are many with regard to the movement of vehicles and it becomes the prosecution’s responsibility to sufficiently describe the code provision that was violated.
It is basically a cop out to try to claim the movement of a vehicle over the designated line in the roadway is disregarding a traffic control device. Road markings that divide the lanes of traffic are not traffic control devices and cannot be categorized as such under the law.
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