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by Keith B
Mon Nov 07, 2011 9:44 am
Forum: LEO Contacts & Bloopers
Topic: School Zones & Cell Phones
Replies: 55
Views: 8712

Re: School Zones & Cell Phones

chuckybrown wrote:A few weeks ago I had a friend get a "talking on a cell phone" ticket in a school zone out in Katy. On a school holiday. Cop told him that the holiday didn't matter, he was in a school zone during zone hours.

He's not gone to court yet.....
In 2009 HB 55 was passed to standardized the verbiage and rules for those cities which choose to enforce restrictions on school zone cell phone usage. Texas Transportation Code 545.425 defines the requirements and says nothing about the zone being in effect at the time.

However, TTC 541.302 (13) says:
"School crossing zone" means a reduced-speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school during the time the reduced speed limit applies.
So, I think my argument would be that per section 541.302 of the Transportation Code the school crossing zone is only in effect during times listed when the reduced speed limit applies, which is when the lights are flashing or school is in session between those hours on the sign. Otherwise, it is not an active school zone and thus 545.425 is not applicable.

IANAL
by Keith B
Thu Nov 03, 2011 7:43 pm
Forum: LEO Contacts & Bloopers
Topic: School Zones & Cell Phones
Replies: 55
Views: 8712

Re: School Zones & Cell Phones

RoyGBiv wrote:
Commander Cody wrote:I see nothing wrong with the stop. The police man thought you were texting, you told him you were not texting... done deal.
The policeman THOUGHT.....

Not a very high bar you're setting...

A policeman can THINK whatever they want.... they cannot act without PROOF
It requires PROOF to exceed the burden set forth in the 4th Amendment.

It is NOT, IN ANY way OK for anyone to stop me while driving my car because they are unable to see both of my hands.
The day this becomes the law is the day America is lost forever.

OMG.! I'm becoming a Libertarian.! "rlol"
Actually, they can. All that is required to make the stop is reasonable suspicion. In this case, I believe he had that. However, he should have asked IF the OP was texting or not and allowed for an explaianation instead of just assuming that was what he was doing.

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