I GOT A TRAFFIC TICKET from Austin PD!!!
Yep, that’s right! While running an errand during a break from work, I was stopped by one of Austin’s finest. In the end, I ended up getting a ticket. And, I’ll freely admit that I was guilty of what the officer described! The only problem is: What I was ticketed for is NOT against the law!
I work in Austin, TX near Metric and Braker. During one of my breaks from work, I made a quick trip to purchase an air compressor from a Craigslist seller. He lived near Lamar and North Loop. On my way back, I was going north on N. Lamar approaching Hwy 183. At the stop light at Morrow street, I was in the left lane. Intending to turn north on 183, I realized that I needed to be in the right lane (the green arrow on the map). So, when the light turned green, I pulled through the intersection, used my turn signal, and smoothly moved over two lanes. There was only one vehicle, several car lengths to the right-rear of me; and, I was never close enough to him to be in any way reckless.
Anyway, in my move to get to the right lane, I drove over the solid white line that delineates the regular lanes from the “exit” lane (where the little red arrow points). I continued on, through the next couple of lights, turning onto the northbound access road. Then, flashing red & blue lights caught my attention. I was being pulled over by an Austin cop. But, for what?! I thought maybe I had clipped through a yellow light at one of the signals or something.
I pulled into the Capital Metro Park-n-Ride, turned off the ignition, turned ON the interior light, rolled my window down, put my keys on top of the cab, and my hands on the steering wheel. When the officer approached, he asked if I knew why I had been pulled over. I said that I did not. “You crossed over the white line back there,” he said. I said, “Huh? Where?” I thought he was talking about a stop limit line at a stop light; but, I never go past those thick white bars. He explained what he was referring to, then told me to sit tight until he came back. While he was gone, I was thinking, “there weren’t any prohibitive white markings back there!” The satellite picture above is a little outdated. Below is a more current view, showing only a single white line, and no chevrons in the wider part where it splits.
So, the cop came back with a citation for “crossed solid white line”. He said he could give me a ticket for “unsafe lane change”, but he was giving me this one because it’d “be a little cheaper”. I thought, “That’s good, because ‘unsafe lane change’ is a legitimate charge. ‘Crossed solid white line’ is NOT!” So, I accepted my ticket for something that isn’t even illegal and went on back to work.
Now here’s a little explanation of what all the different lane markings mean:
The official meaning of lane markings in Texas is not detailed in the Transportation Code. Instead, section 544.001 of the Transportation Code requires that the state adopt a manual that details all the specifics of signs, signals, and markings. The manual that has been adopted is the Texas Manual on Uniform Traffic Control Devices (Texas MUTCD); and, this manual is the “law” when it comes to all traffic control devices, including lane markings. The meaning of the various devices described in the MUTCD is enforceable.
Many people aren’t sure exactly what particular lane markings mean. Heck, some people don’t even know why some lines are white and some yellow! So, here’s a little guide, showing what the lines/markings mean.
So, I’ve plead “not guilty” on my ticket, and am waiting to hear from the court regarding an arraignment date. We’ll see how it goes; and, I’ll keep you updated.
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August 31st, 2009 at 7:52 pm
awesomeness! Was it a motorcycle cop by chance?
September 1st, 2009 at 4:01 am
Nope. Just two cops in one car.
September 1st, 2009 at 10:07 pm
If they don’t *both* show up for the trial, you should be able
to get the charge dismissed, unless one of them played
absolutely no role in the traffic stop.
September 27th, 2009 at 8:29 pm
The appearance docket is set for September 29th at 2:30 pm. At that time, I’ll talk with the prosecutor and see what he has to say.
Also, I have to say “Thanks!” to STA poster LC74. He has been very helpful, and has provided some insightful information regarding some legalities of this ticket and the MUTCD. He even made copies of the applicable pages of the 1980 MUTCD (which I was not able to locate), and emailed them to me, for use at my appearance.
Thanks LC74! I’ll let everyone know the outcome after I talk with the prosecutor on Tuesday.
October 3rd, 2009 at 9:25 pm
Well, you live and you learn, I guess!
I went to the appearance docket to talk with the prosecutor about my citation. I fully expected, after reviewing the ticket and the applicable laws/code, that my ticket would be dismissed. I was wrong.
After explaining to the prosecutor that I thought the citation should be dismissed, she said something like, “Well, yea… I’m gonna refile the complaint to say ‘unsafe lane change ‘.”
I said “What?!”That’s not what I was written a ticket for!” “Well, from his notes, I think that’s probably what he meant.”, she said.
So, apparently, if you show the prosecutor that you don’t deserve a ticket an officer issued, he/she can just change it to whatever they “think” the officer meant!!
Now, what I SHOULD have done is just bypass the talking to the prosecutor stage, and gone right to trial. Then, I think, the original complaint of “crossed solid white line” would have been the charge in court. THEN, it would surely have been dropped. As it is, I opened my mouth, and now the charge has been changed to something that’s gonna be a little bit harder to challenge — albeit, not TOO difficult.
So, after being assured that no amount of talking was going to get her to do anything differently, I just went ahead and requested a jury trial. (Wow! I have two trials going at the same time!)
What’s nice about the state of Texas, is that you CAN request trials for traffic tickets. Even if you lose, the additional charges for court fees is minimal. And, it’s a great way to get involved in the legal system.
If YOU receive a ticket, and you don’t think it is deserved, take it to court. It’s your RIGHT! The only thing you have to lose is a little of your time, and perhaps some nominal court fees. Regardless, you’ll learn alot about traffic laws and court procedures. And you’ll feel good about standing up for your rights, and not rolling over and peeing like a little dog. (Not to mention having a violation on your record, and having your insurance rates go up!)
I’ll let you know more once I get the date for the pre-trial/jury trial.
DRIVE SAFELY!
October 4th, 2009 at 12:13 am
That’s VERY disappointing! So, the pre-trial meeting
with the prosecutor turned out to be nothing mroe than
an opportunity for them to see what was up your sleeve,
so they could bring stronger charges instead. Not fair!
If I were a lawyer, I could probably give you better
advice. I’m surprised to find out that they can just
refile the complaint as something other than what was
written on the ticket. You might want to “lawyer up”
for this one, too. You saw how much a joke the
municipal court system was when you fought the first
ticket you got for the Speed Trap Ahead “sign” in
Lakeway. They wouldn’t let you use the police dashcam
footage during cross-examination, so you couldn’t
establish the facts that would have acquitted you.
A lawyer would be better able to navigate around that
kangaroo court B.S.
If you have not done so yet, file a motion of discovery
to get the officer’s notes and the dashcam footage. I
know you’ve done that before, using the Open Records Act.
I’m not sure you could have bypassed talking to the
prosecutor. I’ve looked at information about municipal
courts where I live, and I remember seeing a statement
that the pre-trial meeting with the prosecutor is
mandatory. I suppose you could have met with the
prosecutor and just said something harmless like “the
officer is mistaken; I did not cross that line”. Then
the prosecutor probably would have gone to trial with
that charge, and you could have beaten it in court by
showing the documentation that crossing a solid white
line is not illegal. But even then, if they really
wanted, they probably could have refiled the “unsafe
lane change” charge after failing to convict you for
crossing the solid white line. At least you would have
forced them to spend more money on a second trial, and
they might not have bothered.
Regardless of what happens, you’ve already forced them
to expend more resources (prosecutor’s time, judge’s
time, jury selection, pulling *two* officers off duty
to testify) than they’ll ever reclaim through fines and
fees.
Please keep us updated, and consider hiring a lawyer.
It’s unfortunate, but it often appears that if they see
just an average citizen standing before them, they try
to get away with more unfair procedures, and get away
with it.
December 16th, 2009 at 4:54 am
Made my appearance for the trial date, only to be told the jury trial docket was full. They would be trying the oldest case first, and rescheduling the other two. Yea, there was yet ANOTHER case there for jury trial on the same date.
More later, when I have a reschedule date, and when I’ve received a copy of the dashcam video.
December 16th, 2009 at 7:41 pm
Good. The more time that elapses, the more likely it is that the officers will forget the key details of your case. And in the meantime, legally, you are still presumed innocent.
I heard about a case where a guy in Houston got a ticket, fought it, and because he travelled so often for business, he was able to get his trial postponed a bunch of times. When he finally got a court date that didn’t conflict with his business travel, two years had passed and the officer had moved to Dallas, so his case was dismissed.
December 21st, 2009 at 10:45 am
I’ve been reading these posts and blogs with great interest. I’m about to go to court in FL for a similar ‘kangaroo court’ charge. “IMPROPER USE OF HIGH-BEAMS” I’m bringing MY OWN dash cam video which shows my lights turning on/off, not brights. Plus the statute on the citation is for “flashing lights” – or lights that are designed to flash (i.e. blinkers, strobes, rotating lights). I don’t mean to hijack this blog, but would appreciate your comments. http://www.youtube.com/watch?v=Ed7xiZeWrYk
May 12th, 2010 at 1:18 am
Traffic tickets generally come in two forms; cite a moving violation, such as more than the speed limit, or a non-moving violation, such as a parking ticket. Traffic tickets are generally heard in traffic court.
March 26th, 2012 at 1:19 am
What ended up happening?
September 14th, 2012 at 3:36 pm
I have purchased a In-Car Video Camera which I use daily to document my travels and in case I have the need for PROOF.
I tried to fight a wrongful ticket and the Court Clerk said that even if i won, i would have to pay court costs that were over $400, way more than the ticket, so that I should just go ahead and admit to the ticket and pay it. What choice do I have? I had to pay it. This is entirely wrong.