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Okay, found where I quoted a pertinent case before (I've since found another one but don't have it readily to hand - these days since I don't do it for a living I have to be in just the right mood to dig through all that stuff! ).
From the Court of Criminal Appeals, 5th Circuit Court of Appeals, Rickey Dewayne Abney v. The State of Texas, appealing the appeals court's finding (successfully). You can go look up the case if you want and read their reasoning, etc. - it's available online.
"We consider the totality of the circumstances at the time of the detention to determine whether a reasonable suspicion existed to justify the officer's action. (26) The Transportation Code certainly indicates that if there is a sign present that says the left lane is for passing only, then it is a traffic offense to travel in the left lane when not passing another vehicle. Section 544.004(a) states that an operator of a vehicle shall comply with an applicable official traffic control device such as a "left lane for passing only" sign. Without such a sign present within a reasonable distance of the traffic stop, there is no offense."
Apparently I also found case law back in 2002 that it appeared to me led to the change from "Slow traffic keep right" to "Left lane for passing only" language, but I didn't cite the case at that time. Will have to look again.
The State argued he was violating Section 544.011 of the Transportation Code, which requires a sign (or did then). I posted Section 545, which may have superseded 544, or the State just made a bad argument (most likely).
Last edited by LeagleEagleDFW; 12-31-2014 at 09:39 PM..
I've stopped paying attention to them and they no longer bother me. They have their advantages. It's easier to make a left turn onto a 2 way street when you have a car and another one tailgating them versus having a line of 20 cars all evenly spaced apart in such a way that you can't make the turn without flooring it.
It's mind over matter. Stop focusing on the tailgater... notice your thoughts and subconscious programmed reaction... consciously choose to think something else, overriding your built in reaction. If they happen to rear end you they'll have to pick up the insurance claim so relax....
really works wonders for peace of mind....
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