School Zones - Is a Sign Required

[Eric16]

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

I got a ticket today for speeding in a school zone (30 in a 20 zone) but there are no signs on that particular road indicating there is a school zone. Police had set a trap and being unaware of the school zone was caught going the normal speed limit. I wanted to know, if argued in court, could the fact that the zone is unmarked allow my ticket to be dismissed? Is there any law pertaining to changes in the speed limit needing to be clearly marked?

[licensegrl]

Was there no visible sign of a school in the area? Were there children present? A school in sight? A traffic gaurd? Anything at all that would clue you into slowing down???

[Eric16]

I had turned off a street that had an elementary school on it,with a posted sign, but after turning onto a different street, that goes along the side of a high school and next to some apartments, has no posted signs. No children were present at the time. But this street is a major street, so traffic that had not come off of the other street (by the elementary school) would have no idea their in a school zone.

[blewis]

Take a look at ARS 28-644 B, which states:

B. Any provision of this chapter that requires signs shall not be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. If a particular section of law does not state that signs are required, that section is effective even though no signs are erected or in place.

The law the REQUIRES the signs in school zones is ARS 28-797. I would return to the street (the one shown on your citation as the "location" of the infraction -- not where you were actually pulled over) and, if there are NO signs, take many, many pictures.

Barry

[aaron]

The Texas Transportation Code, Sec. 545.357, instructs municipalities to set appropriate speed limits near schools. Sec 544.001, et seq, directs the Texas Transportation Commission to adopt standards for traffic control devices (i.e., the Texas MUTCD) and Sec. 542.201, et seq, limit local deviations from the statewide standards. Absent highly unusual circumstances, I would expect the Texas MUTCD to dictate the appearance and location of school zone signs.

[blewis]

Oops, sorry, I thought it was Arizona -- don't ask me why. Sunshine and 73 degrees does that to me.

Thanks, Aaron,
Barry

[Eric16]

Aaron,
So in simpler terms, if the sign is absent then do I have a case? And is there a similar Texas state law to that particular Arizona law? That would be really helpful.

[blewis]

Well, since I'm the idiot who didn't read TEXAS to begin with, how's this: Texas Transportation Code, Title 7, Section 544.004:

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 or police officer; 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.

Sorry for the earlier mixup.

Barry

[Eric16]

That's great! Thank you very much Barry! That will be very helpful.