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Need some help from the LEOs on this site

This is a discussion on Need some help from the LEOs on this site within the Open Talk forums, part of the General Information category; I'm researching a traffic ticket a friend of mine received and for the life of me I can't find any ...

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Need some help from the LEOs on this site - 03-17-2010, 11:20 AM


I'm researching a traffic ticket a friend of mine received and for the life of me I can't find any law or ordinance to indicate that the violation is real. Here's my question:

Is a school zone a no-passing zone?

If so, please point me to the law that states this. There were no double yellow lines on the street. My friend got a ticket for passing in a no-passing zone. I've looked all over the Texas DPS website and all the search results I get don't mention anything about every school zone being an automatic no-passing zone.

Can someone help me decide whether to protest this ticket or just pay the $170 fine?

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03-17-2010, 11:39 AM


Years ago, I read that passing in a school zone is illegal, but I haven't seen that rule since then. If it isn't still a law, it should be (though, I might have broken it once or twice). Passing in an active school zone is dangerous.
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03-17-2010, 11:47 AM


I was taught in my defensive driving class that it is illegal, and if there are two lanes, the car next to you is further along, you cannot go past them at all, even in your lane. This is due to the fact that when you were first behind, but in your lane, you cannot see if someone starts to cross from the other driver's side, so if you go past them, even in your lane, you could hit that child. It's kind of hard to explain in words on the comp.
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03-17-2010, 11:48 AM


It might depend on the jurisdiction, too. It might not be a state law, but a municipal law.
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03-17-2010, 11:50 AM


Ditto what Leslie said.
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03-17-2010, 11:52 AM


Check with the court they should be able to tell you the code violation and provide a copy of complaint, the city may have a city ordinance or code violation making it a violation also check with the PD they will be able to provide you the information.
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03-17-2010, 01:08 PM


Exactly what section were they cited for? Did they pass a school bus or a car?

There isn't enough information in your post to give you an answer. Give all the details and we might be able to give you a correct answer. Was the violation a Transportation Code violation or local ordinance?

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03-17-2010, 01:12 PM


Probably a local act, check the municode.
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03-17-2010, 02:33 PM


Quote:
Originally Posted by dbphotos View Post
Exactly what section were they cited for? Did they pass a school bus or a car?

There isn't enough information in your post to give you an answer. Give all the details and we might be able to give you a correct answer. Was the violation a Transportation Code violation or local ordinance?
That's the confusing part, David - there's nothing written on the citation that indicates what municipal code or state law that she violated. In the "Other Violations" section, the officer wrote "Passing in no passing zone - School Zone - My Plain View."

Anyway, my question is actually simple:
Help me find the law or code that states that passing another car (not a school bus) is prohibited in a school zone.
The only restrictions that I know of are the speed limit and cell phone usage, both of which are posted on a sign at the beginning of the school zone. Unless I can find a law or code that states otherwise, I think she should plead not guilty and put the burden of proof on the city. Isn't it her right as a citizen that she see which code, section or law that she is accused of violating?

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03-17-2010, 02:58 PM


Maybe she was in a no passing zone....and just happened to be in a school zone also to 2x the fine?
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03-17-2010, 03:20 PM


Who issued the citation? You should be able to go to the corresponding website and see the law that they are citing you for. Most likely it's a city offense and your friend is likely hosed as most judges don't like school zone violations. Take the DD and move along.
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03-17-2010, 03:35 PM


Quote:
Originally Posted by Rson View Post
Maybe she was in a no passing zone....and just happened to be in a school zone also to 2x the fine?
Hi Rich,

There were no double yellow lines on the street, and no signs to indicate no passing...

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03-17-2010, 03:38 PM


The issuing district should be able to tell you what code she violated.
Likely a local ordinance. Or, maybe that cop went to the same defensive driving school that Leslie went to and is basing his citation on hearsay ??
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03-17-2010, 03:38 PM


Quote:
Originally Posted by utdbear View Post
Who issued the citation? You should be able to go to the corresponding website and see the law that they are citing you for. Most likely it's a city offense and your friend is likely hosed as most judges don't like school zone violations. Take the DD and move along.
Barry, I've already done this. I've gone to Tarrant County Sheriff's Dept. site (a Tarrant County deputy issued the citation, who is under contract to the city of Haslet), Texas DPS site, and Haslet City site and I can't find anything.

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03-17-2010, 03:42 PM


Quote:
Originally Posted by bobcool View Post
Barry, I've already done this. I've gone to Tarrant County Sheriff's Dept. site (a Tarrant County deputy issued the citation, who is under contract to the city of Haslet), Texas DPS site, and Haslet City site and I can't find anything.
Is there a phone number on the citation ? call and ask what law was broken.
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