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  1. #1
    Join Date
    Oct 2010
    Posts
    1

    Default Poor Placement of a School Zone Sign

    My question involves a speeding ticket from the State of: Texas

    I was recently clocked going 30 in a school zone of 20. The cop was standing in a parking lot and just walked into the road and waved me in. He showed me the radar and wrote me a ticket. When he gave me the ticket I told him it was my first ticket ever after 6 years of driving (which is true) and asked if there was any way I could get out of the ticket. He responded "I have a bad memory." I said, "Huh?" He said, "You take this ticket to court, I have a bad memory," then he smiled and left. In my rear view I saw him immediately pull over the next driver behind me. 2 days later he was in the same place doing the same routine.

    I'm not sure how to interpret this but it seemed like he was throwing me a bone and implying that if I took it to court he would let me beat it (possibly by him not showing up??).

    How do you guys think I should proceed given that conversation? Should I just take defensive driving or go to court and hope he doesn't show up or somehow argue the ticket?

    I have a decent argument in the visibility of the school zone which is placed about 10 yards from the intersection I turned into and is quite difficult to see when turning.

    The law says Sec. 544.004: "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."

    Could I argue that I am an ordinarily observant person (since I have no tickets) and that it is placed in a position that is not sufficiently legible (the sign does not have a blinker on it and is in a location to where turning traffic cannot see it)?

    Do I even want to use this argument considering the conversation I had with the officer? Or do I want to argue something that would require his "bad memory" like his position and my position etc.?

    Thanks in advance for your help.

  2. #2
    Join Date
    Sep 2005
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    71,782

    Default Re: Texas School Zone Poor Sign Placement, Cop Says He Has "Bad Memory"

    Quote Quoting mt22
    View Post
    I'm not sure how to interpret this but it seemed like he was throwing me a bone and implying that if I took it to court he would let me beat it (possibly by him not showing up??).
    You're in a better position to interpret the comment than we are, but from what you've said he seemed to be suggesting you might get a break if you take it to court.
    Quote Quoting mt22
    I have a decent argument in the visibility of the school zone which is placed about 10 yards from the intersection I turned into and is quite difficult to see when turning.
    Have you checked the MUTCD to see if the signage is adequate?

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