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Crossin a Median definition

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by Confused123456, May 16, 2017.

  1. Confused123456

    Confused123456 Law Topic Starter Guest

    Jurisdiction:
    Texas
    At the last minute, I was merging onto the freeway today. I was sited for "Driving across a median" and "changing lanes not is safety". I agree that I was changing lanes not safely, however a median is “the strip of land between the lanes of opposing traffic on a divided highway.” I cannot find anywhere that a median is the solid line when merging onto a freeway. Should I fight this ticket?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Did you get two citations?

    If you just got one citation that says you did two things, admitting to one thing makes questioning the other thing unnecessary.

    Either way, what are the statute numbers for which you got cited.
     
  3. Confused123456

    Confused123456 New Member

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    Yes, I received 1 citation with two violations. The numbers with the "Driving Across a Median" were RD844 and RD111 for "changing lanes not in safety".
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Those numbers aren't part of the Texas Vehicle Code.

    Are they local ordinances?

    If so, what city?
     
  5. army judge

    army judge Super Moderator

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    You're posting from Georgia.

    In what Texas city did these alleged crimes occur?
     
  6. Confused123456

    Confused123456 New Member

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    I put the jurisdiction as Texas in my post, so not sure how I am posting in Georgia...

    The citation is from City of Houston Municipal Court (Texas).
     
  7. Confused123456

    Confused123456 New Member

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    I am not sure about the local ordinances question. All I know is that I received 2 violations and the violation in question says : City of Houston (Texas)

    RD844- Driving across a median- distance between streets.

    The Texas Driver's Handbook states a median is "area of ground separating traffic moving in opposite directions. I cannot find anywhere that a median is the solid line when merging onto a freeway. Should I fight this ticket?
     
  8. mightymoose

    mightymoose Moderator

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    Which type of line did you cross, and how many lines were there?
    Look here: The Texas Highway Man Pages - Texas Traffic Laws (and good driving habits)

    If it was a single white line you will see that crossing a line is "discouraged" for safety reasons, but NOT illegal. The officer will have to explain how your movement was a safety hazard, not simply that you crossed the line. You can make this argument and likely prevail if there was no additional safety issue (but be prepared with the Texas code that gives this definition).

    HOWEVER, if you crossed TWO lines, you likely were in violation. This is an illegal lane change, not a crossing of the median.

    As for the median- the officer has the wrong definition of terms. The median is the space between opposing lanes of traffic. You should easily beat that part of it just based on definition, however the court could simply amend it and apply the correct violation.

    So... what exactly did you cross?
     
  9. army judge

    army judge Super Moderator

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    Houston, TX Muni Codes

    Municode Library

    I thnk you're describing "the gore point"

    What Is the Gore Area in Driving?
     
  10. mightymoose

    mightymoose Moderator

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    I can't find it in there... Did you?
     
  11. mightymoose

    mightymoose Moderator

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    What agency issued this citation?
    On the highway I would assume DPS?
     
  12. army judge

    army judge Super Moderator

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    No sir. It's not organized that way, either.
    He might have been cited by a constable, Harris County Sheriff, or one of the "little cities" nested across Houston.
     
  13. Confused123456

    Confused123456 New Member

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    It was the left lane that eventually goes onto the freeway. It was ONE solid white line that separated that lane from the other lanes as it was to go onto the freeway.
     
  14. mightymoose

    mightymoose Moderator

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    So the median portion of the citation should be easy to defeat simply based on definition.
    The unsafe lane change will depend on other circumstances such as volume and speed of traffic. You agreed it was unsafe above, but should not do that in court. Let the officer prove it was unsafe without your help.
    If your movement did not cause a sudden reaction by any other driver it may be hard to prove your movement was unsafe.
     
    Confused123456 likes this.
  15. Confused123456

    Confused123456 New Member

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    No, it was not the "gore point". Before you are entering a ramp on the freeway, the feeder road has a left lane that eventually goes up the ramp and merges with the freeway. As this left lane gets closer to the ramp (and before it gets to the ramp to merge onto the freeway) the RIGHT "LINE" of the LEFT "LANE" eventually changes from a spaced line to a solid white line. That is the line I crossed. So I was in the middle lane and then crossed the solid white line to get to the left lane to go up the ramp to merge with the freeway.
     
  16. army judge

    army judge Super Moderator

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    Do you reside in Harris County?

    You potentially have two easy options.

    None of those include defending a ticket in a Houston Muni Court.

    Those courts are revenue collection points for the city.

    I'll get to those, but let's try this first.

    Do the citations resemble this: RD844 - DRIVING ACROSS A MEDIAN - DISTANCE BETWEEN STREETS

    RD111 - CHANGING LANES NOT IN SAFETY - (DISTANCE BETWEEN STREETS)

    What are ticket numbers on the citations?

    I'll get to the bottom it for you, because you made me curious. LOL
     
  17. Confused123456

    Confused123456 New Member

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    YES! That is exactly how the citations look! There were not any ticket number on the citations. I was given this by a motorcycle cop who was just standing in the lane and pointing at people to pull over. He had a lot to do with the cluster of cars.
     
  18. army judge

    army judge Super Moderator

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    Now my curiosity increases.

    Can you scan the tickets and upload them?
    If you can, redact your personal information.
    I'm curious because all APPROVED Texas Traffic tickets MUST be numbered.
    Do the citations list the issuing agency's name?
     
  19. army judge

    army judge Super Moderator

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    Is this how the ticket looks:
    ..............................
    000sample-non-traffic-ticket (1) (1).jpg
    ..............................


    If these images reflect your ticket, they are NON-TRAFFIC citations.

    I call these "ENHANCED revenue collection schemes"!!!!!
    ....................................................
    These are traffic citations:
    ======================================= 111houstontrafficcitation.JPG
     
  20. Confused123456

    Confused123456 New Member

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    Here it is
     

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