Common Laws Texas Police Use for Issuing Tickets

We have listed some of the most common sections of the Transportation Code and the Rules of the Road police use to issue traffic tickets below for your convenience.   These are rules of the road that every Texan should know by heart.   For that reason we have listed the most relevant and most commonly used laws that police officers allege when issuing s moving violation.

Sec.  545.351.    MAXIMUM SPEED REQUIREMENT

(a)    An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing.

(b)    An operator:

  1. may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing;   and
  2. shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care.

 Sec.  545.352.    PRIMA FACIE SPEED LIMITS

(a)    A speed in excess of the limits established by Subsection (b) or under another provision of this subchapter is prima facie evidence that the speed is not reasonable and prudent and that the speed is unlawful.

 Sec.  544.010.    STOP SIGNS AND YIELD SIGNS

(a)    Unless directed to proceed by a police officer or traffic-control signal, the operator of a vehicle or streetcar approaching an intersection with a stop sign shall stop as provided by Subsection.

(b)    If safety requires, the operator of a vehicle approaching a yield sign shall stop as provided by Subsection (c).

(c)    An operator required to stop by this section shall stop before entering the crosswalk on the near side of the intersection.   In the absence of a crosswalk, the operator shall stop at a clearly marked stop line.   In the absence of a stop line, the operator shall stop at the place nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway.

Sec.  545.157.    PASSING AUTHORIZED EMERGENCY VEHICLE

(a)    On approaching a stationary authorized emergency vehicle using visual signals that meet the requirements of Sections 547.305 and 547.702, an operator, unless otherwise directed by a police officer, shall:

  1. vacate the lane closest to the emergency vehicle when driving on a highway with two or more lanes traveling in the direction of the emergency vehicle;   or
  2. slow to a speed not to exceed:
  • 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or more;   or
  • five miles per hour when the posted speed limit is less than 25 miles per hour.

Sec.  548.602.    FAILURE TO DISPLAY INSPECTION CERTIFICATE

(a)    After the fifth day after the date of expiration of the period designated for inspection, a person may not operate a motor vehicle registered in this state unless a current and appropriate inspection certificate is displayed on the vehicle

Sec.  548.605.    DISMISSAL OF CHARGE;   ADMINISTRATIVE FEE

(a)    In this section, "working day" means any day other than a Saturday, a Sunday, or a holiday on which county offices are closed.

(b)    The court shall:

  1. dismiss a charge of driving with an expired inspection certificate if:
  • the defendant remedies the defect within 20 working days or before the defendant's first court appearance date, whichever is later; and
  • the inspection certificate has not been expired for more than 60 days

Sec.  601.051.    REQUIREMENT OF FINANCIAL RESPONSIBILITY

A person may not operate a motor vehicle in this state unless financial responsibility is established for that vehicle through:

(1)    a motor vehicle liability insurance policy that complies with Subchapter D

Sec.  601.191.    OPERATION OF MOTOR VEHICLE IN VIOLATION OF MOTOR VEHICLE LIABILITY INSURANCE REQUIREMENT

(a)    A person commits an offense if the person operates a motor vehicle in violation of Section 601.051.

(b)    Except as provided by Subsections (c) and (d), an offense under this section is a misdemeanor punishable by a fine of not less than $175 or more than $350.

(c)    If a person has been previously convicted of an offense under this section, an offense under this section is a misdemeanor punishable by a fine of not less than $350 or more than $1,000.

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