Last Updated on June 26, 2025 by Beltz Law Group
Disregard Warning Signs and Barricades
Disregarding Warning Signs in Texas: Understanding the Law and Your Options
Receiving a traffic ticket for disregarding a warning sign can be more serious than it seems. These violations are not just about ignoring a simple sign; they often relate to safety in hazardous areas like construction zones or flooded roads. Understanding the specific laws governing these offenses in Texas is crucial if you find yourself facing such a citation.
This article will delve into Texas Transportation Code Section 472.022, which addresses obeying warning signs and barricades. If you’ve received a traffic ticket in North Texas, for this type of offense, our experienced Allen traffic ticket attorneys are here to help.
Texas Transportation Code Section 472.022: Obeying Warning Signs and Barricades
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Texas law is clear about the responsibilities of drivers when encountering warning signs and barricades. Texas Transportation Code Section 472.022 outlines what constitutes an offense and the potential penalties.
(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.
This means that simply failing to follow the directions of a warning sign, or bypassing a barricade, can lead to a citation.
(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.
There are specific exceptions, primarily when a law enforcement officer directs you differently or if your official duties require you to enter a restricted area.
(c) Each violation of this section is a separate offense. This clarifies that each instance of disobeying a warning sign or barricade can result in a distinct offense.
Penalties for Disregarding Warning Signs
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The penalties for violating Section 472.022 vary depending on the circumstances of the 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 This highlights the increased penalties for offenses in active work zones, emphasizing the state’s commitment to worker safety.
(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. This specific provision addresses the serious danger of driving through flooded areas, making such a violation a Class B misdemeanor, which carries more significant penalties than a standard fine.
Key Definitions (Section 472.022(e))
To ensure clarity, the law provides specific definitions for terms used 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.
These definitions are crucial in determining whether a sign or obstruction legally falls under the scope of this statute.
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Why Hire a Lawyer for a Traffic Ticket in Allen?
Even for seemingly minor traffic violations, the consequences can extend beyond just a fine. Points on your driving record, increased insurance premiums, and potential license suspension are all possibilities. This is where an experienced traffic ticket lawyer can make a significant difference.
Lawyers specializing in traffic defense understand the nuances of the law, including:
- Specificity of Signs: They can assess whether the warning sign or barricade in question met the legal requirements for clarity and proper placement. For example, a generic “road work” sign might not be specific enough to warrant a conviction for “disregarding a warning sign” if it doesn’t clearly instruct drivers on how to react.
- Procedural Defenses: Attorneys can identify potential procedural errors in how the ticket was issued or how the evidence was collected.
- Negotiation and Courtroom Experience: They can negotiate with prosecutors for reduced charges, defensive driving options, or even dismissal of the case, potentially saving your driving record and money.
- Protecting Your Record: The goal is often to prevent a conviction that could negatively impact your driving history and insurance rates.
Don’t simply pay a traffic ticket without understanding its full implications. If you’re facing a traffic violation in Allen, Texas, contact our office today to discuss your specific case. Our knowledge and experience in traffic ticket defense can be an invaluable asset in protecting your rights and your driving record. Call us at 214-321-4105 for assistance.
