If you will read the law, it says that you can not enter a school building, or be in an area on school property where an educational activity is taking place. If the band is practicing in the parking lot, you're not supposed to be near them. You can walk up to the front door escorting your darling school child, but you can't go in.
With signs that are specified by the Penal Code 30.06, technicalities are technicalities because the law, when it sets out a specific sequence or specification, requires that sequence or specification to be met, or it doesn't apply.
I'm sure there are people that will willingly ignore an otherwise compliant sign that doesn't have the Spanish translation (even though they don't speak Spanish -nevermind that the law requires it to be there else the sign is invalid). They might get away from being caught a hundred times. But on the 101st time, they might get popped.
You'll often see people admonish others that you "might beat the time, but you won't beat the ride." Meaning you probably won't be convicted, but you'll still have that ride downtown in the back of a patrol car.
The problem is that there's very little, if any, case law dealing with this subject because CHL holders tend to be some of the most law-abiding people in the State of Texas, according to DPS's own records, and no one wants to offer themselves up as a test case.
So, the bottom line is that people like your instructor can indeed ignore those signs that do not meet the technical definition of the law... Until someone is unlucky enough to be "volunteered by circumstances" into giving us the case law that everyone is looking for. Until then, you have to let your conscience be your guide.
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• Page 1 of 1
- by n5wd
- Fri Sep 18, 2015 6:03 pm
- Forum: General Texas CHL Discussion
- Topic: school zones, signs size-- worth it to test the boundaries?
- Replies: 19
- Views: 3466
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