Legal Question in Traffic Law in Texas

How can you be ticketed for a law that isn't required to be known

How can a ticket be written for a law that you have no real way to have known? Isn't there some kind of requirement that they have to publize it before they can enforce it? If its not in the manual (http://www.txdps.state.tx.us/ftp/forms/DLhandbook.pdf) or taught in Defensive Driving (which getting the ticket makes you take), how can this be?

Specifically, I'm talking about the HB252 Sec. 545.157 PASSING AUTHORIZED EMERGENCY VEHICLE. The police are handing out tickets for this in droves, and I don't understand the principle that allows them to add new requirements but doesn't require them to make them known before they can enforce them.

kes


Asked on 1/15/04, 12:36 pm

1 Answer from Attorneys
Barrett McKinney Law Offices of Barrett J. McKinney, P.C.

Re: How can you be ticketed for a law that isn't required to be known

I'm sure you have heard of the phrase "ignorance of the law is no excuse".

You are presumed to have "constructive" if not "actual" notice of the new law.

That law went into effect on Sept. 1, 2003.

Most police agencies waited about three months to start writing citations although there was no requirment that they do so.

If you want to fight one of these tickets then you will basically be appealing to the judges, juries or prosecutors sense of equity or fair play, not a matter of law.

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Answered on 1/15/04, 2:02 pm


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