Came out to my rental car after work (garage is in our office building) to find a "parking violation" stuck to the windshield that accused me of "other", which in this case was speeding (18mph). The "violation" is not from the city or state, and appears to be from the garage itself. There is nothing on there telling me that I'm going to get a ticket, that the police were notified, etc. There is a tear-off section from the bottom that was removed.
My first instinct was that this is just some unenforceable warning, but I did find the following in the motor vehicle laws:
Sec. 545.351. MAXIMUM SPEED REQUIREMENT. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing.
(b) An operator:
(1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing; and
(2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care.
Sec. 545.401. RECKLESS DRIVING; OFFENSE. (a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property.
(b) An offense under this section is a misdemeanor punishable by:
(1) a fine not to exceed $200;
(2) confinement in county jail for not more than 30 days; or
(3) both the fine and the confinement.
(c) Notwithstanding Section 542.001, this section applies to:
(1) a private access way or parking area provided for a client or patron by a business, other than a private residential property or the property of a garage or parking lot for which a charge is made for the storing or parking of motor vehicles; and
(2) a highway or other public place.
So if I read this correctly, you can be ticketed for speeding if the officer believes it was too fast for conditions, and you can be ticketed for reckless driving in a parking structure UNLESS it costs money to park there (our garage does charge).
But since my supposed speeding wasn't observed by a police officer, isn't it reasonable to assume that this parking garage can't/won't do anything? I know that if you receive a ticket while in a rental car it is very difficult to contest since the rental car company will always pay it on your behalf (thereby entering a plea of guilty) and you have no way to contest it.
Thoughts?
My first instinct was that this is just some unenforceable warning, but I did find the following in the motor vehicle laws:
Sec. 545.351. MAXIMUM SPEED REQUIREMENT. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing.
(b) An operator:
(1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing; and
(2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care.
Sec. 545.401. RECKLESS DRIVING; OFFENSE. (a) A person commits an offense if the person drives a vehicle in wilful or wanton disregard for the safety of persons or property.
(b) An offense under this section is a misdemeanor punishable by:
(1) a fine not to exceed $200;
(2) confinement in county jail for not more than 30 days; or
(3) both the fine and the confinement.
(c) Notwithstanding Section 542.001, this section applies to:
(1) a private access way or parking area provided for a client or patron by a business, other than a private residential property or the property of a garage or parking lot for which a charge is made for the storing or parking of motor vehicles; and
(2) a highway or other public place.
So if I read this correctly, you can be ticketed for speeding if the officer believes it was too fast for conditions, and you can be ticketed for reckless driving in a parking structure UNLESS it costs money to park there (our garage does charge).
But since my supposed speeding wasn't observed by a police officer, isn't it reasonable to assume that this parking garage can't/won't do anything? I know that if you receive a ticket while in a rental car it is very difficult to contest since the rental car company will always pay it on your behalf (thereby entering a plea of guilty) and you have no way to contest it.
Thoughts?
