Traffic Ticket Lawyer
Disregard traffic control device tickets are one of the more common citations that are issued across Texas. This article is intended to help those that have been issued a disregard traffic control device ticket in understanding the law that applies and what can be done to defend these types of cases. If you would like to speak to an experienced attorney after reading this article, please feel free to contact our office at 214-321-4105.
Texas Manual on Traffic Control Devices
Traffic control devices are generally any type of marking, sign or device that is meant to direct traffic. There is a complete list of the types of traffic control devices contained in the Texas traffic control device manual. This traffic control device manual can be reviewed by clicking here. This manual controls the color, size, shape and placement of all traffic control devices in Texas. Texas law requires compliance with the manual in order to enforce the movement of traffic by using the specific traffic control device. The law that requires compliance states the following:
Disregard Warning Signs and Barricades
Sec. 544.001. ADOPTION OF SIGN MANUAL FOR STATE HIGHWAYS. The Texas Transportation Commission shall adopt a manual and specifications for a uniform system of traffic-control devices consistent with this chapter that correlates with and to the extent possible conforms to the system approved by the American Association of State Highway and Transportation Officials.
Sec. 544.002. PLACING AND MAINTAINING TRAFFIC-CONTROL DEVICE. (a) To implement this subtitle, the Texas Department of Transportation may place and maintain a traffic-control device on a state highway as provided by the manual and specifications adopted under Section 544.001. The Texas Department of Transportation may provide for the placement and maintenance of the device under Section 221.002.
(b) To implement this subtitle or a local traffic ordinance, a local authority may place and maintain a traffic-control device on a highway under the authority’s jurisdiction. The traffic-control device must conform to the manual and specifications adopted under Section 544.001.
(c) A local authority may not place or maintain a traffic-control device on a highway under the jurisdiction of the Texas Department of Transportation without that department’s permission, except as authorized under Section 545.3561.
Did The Local Authority Get Permission?
Traffic Ticket Lawyer
As 544.002(c) states, the local authority must get permission from the Texas Department of Transportation to place a traffic control device on the roadway before they can start enforcing infractions. The only exception to this requirement is under 545.3561 that discusses traffic control devices being used to temporarily reduce speed limits at a vehicular collision reconstruction site. With this in mind, if you have an attorney requesting discovery materials in anticipation of trial on a disregard traffic control device case, you may want to remind them to request any materials showing that the local authority asked for and was given permission to use the device in the place it was being used.
The Violation For Disregard Traffic Control Device
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 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.
Proper Position
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The proper placement of the traffic control device depends on the type of device. Once you know the type of device, you then go the uniform traffic control device manual and determine the specifications for placement. After determining the specifications, you then compare those specs to the actual placement of the traffic control device on the roadway. The question then becomes, was it placed properly or not? This is a fact intensive issue that varies from case to case. But it is a defense listed in the statute. So it is imperative for you to at least investigate the proper placement of the traffic control device.
Sufficiently Legible
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Another part of the defense contained in the statute was whether or not the sign was sufficiently legible to an ordinarily observant person. This standard is objective, not subjective. That means it is not from the perspective of the defendant, but from the perspective an an ordinary person out in the world. Many times defendants will say a sign is not legible when it clearly is. Make sure you are being objective about your observation of the ability to read the sign or traffic control device. If it is faded or illegible, then use it as a defense as the law allows.
Hire an Attorney for Disregard Traffic Control Device Ticket
As one can see from reading this article, there is power in knowledge. An experienced traffic ticket attorney is going to know how to make the best defense possible to defend your case. It may benefit you to discuss your case with an experienced lawyer. If you would like to discuss your case with our team, call us today at 214-321-4105.
