George Ray Micheaux, Jr. v. State
01-15-00168-CR
| Tex. App. | Dec 1, 2015Background
- Appellant George Ray Micheaux, Jr. was convicted in Fort Bend County for violating Tex. Transp. Code § 545.302(a)(3) (stopping, standing, or parking in an intersection) after stopping in the intersection of Elkins Road and Sweetwater Boulevard while making a left turn.
- Officer Krachala observed and recorded video showing Micheaux enter the intersection on a green/protected left-turn signal but stop in the intersection and block southbound Sweetwater traffic; Micheaux remained stopped for several seconds and completed the turn after about 30 seconds.
- The officer testified Micheaux did not discharge/pick up passengers, was not avoiding an immediate collision, and did not comply with any police direction or traffic-control device once the light turned red while he remained in the intersection.
- Micheaux argued the stop was momentary and necessary to maintain assured clear distance under Tex. Transp. Code § 545.062(a), i.e., he had to stop to avoid colliding with stopped traffic ahead.
- The trial court found Micheaux guilty; the State’s appellate brief defends that ruling, arguing Micheaux could/should have waited before entering and that § 545.302 applies even to brief stops in an intersection.
Issues
| Issue | Plaintiff's Argument (Micheaux) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether stopping momentarily in an intersection to avoid colliding with cars ahead is excused by § 545.302(f) / § 545.062 | Micheaux: He was forced to stop to maintain an assured clear distance (§ 545.062), so the § 545.302(a)(3) prohibition does not apply. | State: Micheaux entered when congestion was visible and could have waited; stopping in the intersection was not necessary to avoid conflict and thus violates § 545.302. | Trial court affirmed: conviction upheld; stop in intersection violated § 545.302. |
| Whether entering on a protected left-turn arrow absolves liability for stopping in the intersection | Micheaux: He entered on a protected left-turn signal and so complied with the traffic-control device. | State: Compliance with a green/arrow does not permit entering when you cannot clear the intersection; § 544.007 requires yielding and not stopping in the intersection. | Court agreed with State: entering on arrow does not permit stopping in intersection when unable to clear it. |
| Whether duration of stop matters (brief stops) to constitute offense under § 545.302 | Micheaux: Brief/short stop should not constitute prohibited stopping. | State: Statute does not set a minimum time; brief stops can violate § 545.302 (citing authority). | Court: Duration not dispositive; several seconds in intersection supports violation. |
| Whether § 545.302(f) exception applies when operator is avoiding conflict or complying with law/officer | Micheaux: His stopping was necessary to avoid collision, so exception applies. | State: Stopping was voluntary consequence of entering when intersection was already blocked; exception inapplicable. | Court: Exception did not apply; stopping was avoidable and thus violative. |
Key Cases Cited
- Hicks v. State, 255 S.W.3d 351 (Tex. App. - Texarkana 2008) (statute prohibiting stopping in an intersection does not require a minimum stopped duration to constitute an offense)