Understanding Disobeying Warning Signs And Barricade Violations In Texas

Over the years, our traffic ticket lawyers have defended many violations related to allegations of disobeying warning signs and barricades.  It is important to understand the laws that apply to these types of violations as well as how to defend yourself against a possible conviction being reported on your driving record.  This article will outline the applicable law and what must done to protect your driving record once charged with disobeying warning sign or barricade violation.  If you would like to discuss your disobeying barricade or warning sign case after reading this article, feel free to call us today.

Section 472.022 Of The Transportation Code

Section 472.022 of the Texas transportation code is the applicable law when the allegation is disobeying a warning sign or barricade.  However, because warning signs and barricades are also considered traffic control devices, it is important to understand the interplay between both laws to assert a possible applicable defense.  To begin, Section 472.022 is listed below in full as follows:

Sec. 472.022.  OBEYING WARNING SIGNS AND BARRICADES.

(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.

Interpreting The Law – Were The Barricades or Warning Signs Authorized?

At first glance, the law seems to be pretty straight forward.  Was a barricade or warning placed on a road or street and was it ignored?  However, this would be only one of the requirements under the law as written.  Another consideration is whether or not the barricade or warning sign was authorized to be placed in the manner it was by the Texas Department of Transportation or a political subdivision of the state?  A prosecutor must prove that authorization to place the sign where it was at during the time it was placed was authorized.  If they can provide proof of this authorization, then they have not met the elements of the crime under the law.  An experienced traffic ticket attorney will require proof of this authorization either during trial or through the discovery process if a case intends to go to trial.

Complying With The Uniform Traffic Control Device Manual

Warning signs and barricades fall under the category of traffic control devices.  For this reason they must comply with the Texas Uniform Control Device Manual.  This also means the signs must be placed in a way that an ordinary person could understand their directions and be sufficiently legible to understand their commands.  If the warning signs and barricades were not sufficiently placed to be legible and understandable, then it is an area that can be attacked at trial.  For more information on traffic control devices, click here.

Hire an Attorney For a Disregard Warning Sign Or Barricade Case

This article did not address the importance of keeping a violation like this off a person’s record.  But it is very important.  These violations are considered moving violations and can be used to suspend a person’s driver license, increase insurance rates and can have a negative impact in general on a person’s driving record.  For that reason, if you would like to discuss your disregard warning sign or barricade with an experienced traffic ticket attorney today, call 214-321-4105.