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  1. #1
    Join Date
    Mar 2008
    Posts
    2

    Default Define "Upon The Approach"

    I got a parking ticket ($115) for parking within 30 feet of a STOP sign.
    Texas State law says you can not park within 30 feet upon the approach of a traffic light, STOP sign or YIELD sign on the side of road.

    I was on the opposite side of the road of the STOP sign.

    Wouldn't upon the approach be from the right hand side, the side facing the stop sign as you are approaching it?
    If so, would this clear me from being guilty?

    Thanks in advance for any help you can provide.

    S~

  2. #2
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Define "Upon The Approach"

    It doesn't specify that you have to be on the same side of the sign, just that you can't be "within" 30 feet of one.

    § 71.03 CERTAIN ACTS CONSTITUTE AN OFFENSE.

    2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up ordischarge a passenger or passengers:

    (a) In front of a public or private driveway;

    (b) Within 15 feet of a fire hydrant;

    (c) Within 20 feet of a crosswalk at an intersection

    (d) Within 30 feet upon the approach to any flashing signal, stop sign, yield sign or traffic control signal located at the side of a roadway;...

  3. #3
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Define "Upon The Approach"

    Happy is right. "Approach" means, basically, the "roadway". It doesn't say, "within 30 feet of the SIGN or LIGHT" as it does for fire hydrant (and you'd never get a ticket for parking across the street from a hydrant).

    However, it also doesn't say, "within 30 feet of an intersection" it says "20 feet" (assuming there was a crosswalk there). So, if I were you and I were outside the 20 feet of the intersection, I'd argue the point in front of the judge. You've really got nothing to lose. But, if you do, please come back and let us know how it turns out.

    Good luck,
    Barry

  4. #4
    Join Date
    Mar 2008
    Posts
    2

    Default Re: Define "Upon The Approach"

    Went to court last week, prosecutor would not dismiss it, but did reduce the fine to $75, which is equal to the court costs I would of had to pay anyway.

    Thanks for all your help.

    S~

  5. #5
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Define "Upon The Approach"

    Thanks for the update.

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