Sec. 545.423 Crossing Property Ticket Help

[SSEEYA]

Jurisdiction

Texas

I was 2 min from the office and realized I had left something. I turned into a warehouse driveway to find a way to turn around and head back. As soon as I turned, there was a police officer sitting in his vehicle on the right side of the drive. I drove past him and stopped at the stop sign. As soon as I took off he pulled me over and gave me a ticket for driving through the warehouse driveway. "CUT ACROSS PROPERTY TO MAKE TURN FROM ONE HIGHWAY TO ANOTHER" as stated on the ticket.


The TX Law states:
Sec. 545.423 Crossing Property

(a) An operator may not cross a sidewalk or drive through a driveway, parking lot, or business or residential entrance without stopping the vehicle.

(b) An operator may not cross or drive in or on a sidewalk, driveway, parking lot, or business or residential entrance at an intersection to turn right or left from one highway to another highway.

I wasn't anywhere near an intersection. I wasn't trying to avoid traffic or a stop light. I was just trying to find a route back to the office. Is this something I should fight in court?

Here is the route I took.


Here is a zoomed out view of the area showing I was no where near an intersection.

 

[PayrollHRGuy]

Between Mustang and Metro is a private parking lot.

You used it as a short cut between those two streets. That violates paragraph A. You might when if you argued it in court because you 'stopped" at the stop sign but it isn't a slam dunk.

 

[Zigner]

Why do you think that you need to be near an intersection to violate this?

From YOUR posted information:

(a) An operator may not cross a sidewalk or drive through a driveway, parking lot, or business or residential entrance without stopping the vehicle.

 

[SSEEYA]

Between Mustang and Metro is a private parking lot.

You used it as a short cut between those two streets. That violates paragraph A. You might when if you argued it in court because you 'stopped" at the stop sign but it isn't a slam dunk.

Based on what the ticket description says I'm thinking they are using (b) An operator may not cross or drive in or on a sidewalk, driveway, parking lot, or business or residential entrance at an intersection to turn right or left from one highway to another highway.

 

[SSEEYA]

Why do you think that you need to be near an intersection to violate this?

From YOUR posted information:

(a) An operator may not cross a sidewalk or drive through a driveway, parking lot, or business or residential entrance without stopping the vehicle.

Because based on the ticket description I think it refers to paragraph (b) which states an intersection.

 

[PayrollHRGuy]

Unless the ticket says 545.423(b) you have nothing to base that on. And even if it does it can be modified.

 

[adjusterjack]

But you violated (a) and that's what will come out in court.

 

[SSEEYA]

But you violated (a) and that's what will come out in court.

Even if I stopped the vehicle? Here is a pic of where I stopped at the stop sign before leaving the driveway.

 

[Zigner]

You didn't stop during your crossing of the property.

You can try fighting it (that's your right), but I suspect you won't be successful.

 

[Red Kayak]

Even if I stopped the vehicle? Here is a pic of where I stopped at the stop sign before leaving the driveway.

View attachment 2464

Stopping at a stop sign is not the same thing as parking.

If you had stopped to do an errand at one of the businesses, but otherwise drove the same route, that would be okay. You, however, were just taking a short cut.

 

[PayrollHRGuy]

Stopping at a stop sign is not the same thing as parking.

If you had stopped to do an errand at one of the businesses, but otherwise drove the same route, that would be okay. You, however, were just taking a short cut.

But the law doesn't say "parking" it says "stoping." Though I understand the spirit of the law means parking.

I did get pulled over once years ago for what the officer thought was me cutting through a gas station to get past a stoplight. He didn't ticket me when I pointed out that A. the light was green and B. The gas station was absolutely full and the trip through their lot took way longer than going through the intersection would have. This worked especially well when he told me he had the whole thing on his dashcam and I said great it will prove my case in court.

 

[Zigner]

But the law doesn't say "parking" it says "stoping." Though I understand the spirit of the law means parking.

The OP didn't stop while crossing the property. The OP stopped (maybe - most people roll stop signs anyway) after crossing the property and prior to entering the roadway.

 

[PayrollHRGuy]

The OP didn't stop while crossing the property. The OP stopped (maybe - most people roll stop signs anyway) after crossing the property and prior to entering the roadway.

I have no way to know where the property line is. It may well be where the stop sign is.

That said, I think the OP at least violated the spirit of the law.

 

[Zigner]

I have no way to know where the property line is. It may well be where the stop sign is.

That said, I think the OP at least violated the spirit of the law.

Fair enough

 

[zddoodah]

I wasn't anywhere near an intersection. I wasn't trying to avoid traffic or a stop light. I was just trying to find a route back to the office.

None of this is relevant.

Is this something I should fight in court?

Well...fighting a ticket may cost you nothing but time, and we aren't in any position to assess the value of your time or how much free time you have. However, if you fight and lose, which you likely would, you could be hit with additional fees/costs in addition to the cost of the ticket.

But you violated (a) and that's what will come out in court.

Even if I stopped the vehicle? Here is a pic of where I stopped at the stop sign before leaving the driveway.

I have a hard time believing that "stopping," as used in subsection (a) would not be interpreted to mean stopping for the purpose of parking or otherwise conducting some legitimate business on the property (e.g., stopping to drop off or pick up someone at the business). Even if there were no stop sign, you might have to stop and yield to traffic. Interpreting "stopping" to mean that stopping at the stop sign on your way out the backside would completely frustrate the purpose of the law.

 

[mightymoose]

I think you have a reasonable argument to make. These laws are primarily intended to stop people from taking shortcuts through properties at corners to avoid a stop sign or red light.

You didn't apparently do that. You used a driveway to turn around and go back the other direction on the same road you were already on, making a stop before reentering the roadway.

If I were you I would challenge this citation, but if you do so be prepared. You will have opportunity to acquire any video evidence and to ask the officer questions. Did the officer see you make a stop? Did you leave one road and leave on another? Did you take a "shortcut" to circumvent any traffic control device?

This sounds like a silly citation to me, and the details you provide do not support it.

 

[Highwayman]

You used a driveway to turn around and go back the other direction on the same road you were already on...

Not according to the OP's diagram!

 

[zddoodah]

You didn't apparently do that. You used a driveway to turn around and go back the other direction on the same road you were already on, making a stop before reentering the roadway.

Huh?

Both the OP's diagrams and the original post pretty clearly indicate that he/she entered the property off Mustang Drive and exited the other side of the property onto Metro Circle, after "stopp[ing] at the stop sign" (there is no stop sign at the Mustang Drive exit from the parking lot). Indeed, given that Mustang Drive is a divided highway, if the OP had gone "back the other direction on the same road," he/she would have had to have driven his/her vehicle over the grassy island in the middle of the road, which obviously would have been a citable offense.

P.S. If anyone wants to find this location on Google Maps, it's just to the northwest of DFW Int'l Airport.

 

[army judge]

Not according to the OP's diagram!

People cited for this violation in Texas will have a difficult row to hoe by arguing this in a municipal, traffic, or JP court all across The Lone Star State.

If you want this to go away there are TWO sure fire remedies available to all Texas drivers afflicted with this citation: One, take a court approved, online driver improvement course, OR; TWO, ask the court for deferred adjudication (as in probation for 60-90 days) - no citations (as in additional traffic violations during the probationary period), the citation will be dismissed by the court.

Either remedy makes the entire matter MOOT and keeps your driving record CLEAN.

NOTE: In Texas you can ONLY take "traffic school" ONCE every 12 months.

NOTE2: There is no limit to number of "deferred adjudications" once can receive every 12 months.

 

[adjusterjack]

I think you have a reasonable argument to make. These laws are primarily intended to stop people from taking shortcuts through properties at corners to avoid a stop sign or red light.

That's exactly what he did. According to his diagram he came up W Airfield Dr then west on Mustang. A left at S Main St and another left on to 17th St would have taken him right back to W Airfield Dr.

Google Maps