By: Beltz Law Firm
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Understanding Disobeying Warning Signs And Barricades Laws In Texas
Allen Traffic Ticket Lawyer
This article will focus on traffic offenses related to obeying signs and signals of the roadways. It is important to understand what the charges are and where the law is when it relates to disobeying road signs, etc. The focus of this article will be specifically with Section 472.022 of the Transportation Code for Texas. If you have a traffic ticket in Allen, Texas that you would like assistance with, feel free to contact our Allen traffic ticket attorneys today at 214-321-4105.
Texas Transportation Code Section 472.022
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.
Hire A Lawyer In Allen For Traffic Tickets
Lawyers can help assist with cases like this in that they know the “tricks of the trade.” For instance, that the signs must be sufficiently specific to tell a driver what to do. For example, “road work” is insufficient when it comes to how a driver should react to seeing a sign and knowing what to do. These types of tips and knowledge base are essential when it comes to traffic ticket defense in Allen, Texas. Feel free to contact our office today to discuss your particular case.