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RE: Transportation Code, Sec. 545.351 (maximum speed). The Transportation Code reads, in part:
"(c) An operator shall, consistent with Subsections (a) and
(b), drive at an appropriate reduced speed if:
(1) the operator is approaching and crossing an intersection or railroad grade crossing"

I interpret this to mean that it's illegal to accelerate while approaching AND crossing an intersection, whether it's a traffic signal or otherwise, and that one must maintain reduced speed while approaching AND crossing an intersection. Please note this differs from approaching, stopping at, and crossing an intersection (accleration from a stop to proceed through intersection). I am talking about accelerating while approaching AND crossing an intersection.

If you accelerate at any point while approaching AND crossing an intersection, then it would follow that you are NOT driving at an appropriate reduced speed while approaching AND crossing an intersection, but rather, at an accelerated speed.

Would I be laughed out of court if I argued that accelerating through an intersection was failure to control speed, as per 545.351? Can anyone point me to an appeals court interpretation, perhaps?
 
Posts: 1 | Registered: September 02, 2009Report This Post
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The key is "consistent with subsections (a) and (b)." Paragraph (a) states "an operator
may not drive at a speed greater than is reasonable and prudent under the circumstances then existing."

For example, someone is approaching an intersection at 20 mph and accelerates to 25 mph while crossing the intersection. It would be hard to argue that 25 mph is an unreasonable speed, even if they were accelerating.
 
Posts: 5 | Location: lake jackson, tx | Registered: January 27, 2009Report This Post
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