How much does a ticket for driving over the train tracks when the train crossing arms are down in Texas?

Question

This happened in Irving, Texas where I live. After the train had passed the arms stayed down for some reason and about 10 cars ahead of me when through them over the tracks anyway. I saw no other way out so I followed them. I was the one who got a ticket for it. I have heard that this is a particularly bad ticket. Does anyone know how much it costs and if I can do defensive driving? I can't find out for 7 days until I can go to the courthouse to deal with the ticket.

Answer 1

I'm sorry but I can't give you an exact amount, but the fine is pretty stiff.  I believe in my state the law provides for a $500 fine.

But  crossing gates do malfunction and stay down after a train has passed.  If you're short on cash, I think I'd rather have my day in court, unless those costs will be passed on to you if the argument is lost.  But, 'everyone else went around' is not going to hold up as a defense.

I'd tell the traffic court judge the circumstances.  You've nothing to lose, especially if a 'moving violation' is going to jack up your car insurance premiums.

But as far as safety goes, on its face, going around lowered gates is a foolish act and often times is the last foolish act a motorist ever commits.  Keep in mind there may be multiple tracks in the mix and vision may be obscured, so when a driver sees a train clear the crossing and the gates remain down, they pull across only to be T-boned by another train.

Good luck.

Answer 2

Do not think "but your honor everybody else was doing it" will help you in court. You survived just find out in court and pay the fine.

Answer 3

where warning bells still ringing?

some times two trains one in directions come at the same

time.,

there might have been another train coming into the signalized

territory, or the train that passed might  just be switch

tracks onto another track and will soon again occupied the

crossing,.

Answer 4

if thats all you get for your stupidity, pay it......

Answer 5

The city of Irving has the most common citations and fines posted at http://www.ci.irving.tx.us/municipal_cou...

It says, for example, that Violation Number 3204 - Ran red light has a fine of $250.

Supposedly, if you go to https://ecs.ci.irving.tx.us/Court/, you can enter your citation number and see what the fine is.