7.761 — STOPPING, STANDING, OR PARKING RESTRICTIONS ON HIGHWAYS/FREEWAYS

Violations of "Statute 7.761" results in a Class C Misdemeanor

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(a) Definitions

Stopping, Standing, or Parking Restrictions refers to the unlawful use or obstruction of designated areas, such as the shoulder, breakdown lanes, or emergency lanes, on highways or freeways. These areas are reserved exclusively for emergency or disabled vehicles, and any vehicle using these areas for purposes other than those authorized by law, such as bypassing traffic, illegal parking, or obstructing emergency services, is in violation.

(b) Elements

To establish the offense of violating stopping, standing, or parking restrictions on highways/freeways, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant operated a vehicle in or stopped in a restricted area, including a highway shoulder, breakdown lane, or emergency lane, which is designated by law as an area for emergency or disabled vehicles only.

2. The defendant was not experiencing an emergency situation that legally justified the use of the restricted area, such as a vehicle breakdown, medical emergency, or other urgent situations requiring immediate action.

3. The defendant’s actions caused obstruction or interference with the intended use of the restricted area, including hindering emergency vehicles, delaying disabled vehicle recovery, or blocking access to emergency services.

4. The defendant was not authorized by law enforcement or other authorities to occupy or use the restricted area, and no valid permits or exemptions allowed such use.

(c) Defenses

Defenses against a charge of stopping, standing, or parking in a restricted area may include:

1. Emergency Situation: The defendant may argue that they were forced to stop or use the restricted area due to mechanical failure, a medical emergency, or other unforeseen circumstances requiring immediate action and that they made every effort to avoid obstructing emergency services.

2. Lack of Knowledge: The defendant may claim that they were unaware they were in a restricted area due to insufficient signage or unclear road markings.

3. Temporary Occupancy: The defendant may argue that they briefly entered the restricted area to avoid a traffic incident and did not intend to obstruct emergency vehicles or public services.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

1. Intentional Obstruction: The defendant deliberately stopped, parked, or blocked the restricted area to bypass traffic, intentionally hindering emergency services.

2. Obstruction of Emergency Response: The defendant’s actions delayed emergency response, such as preventing police, fire, or medical personnel from accessing the scene of an emergency.

3. Recklessness or Disregard for Safety: The defendant’s actions were reckless, creating a hazard for other drivers, emergency responders, or the defendant’s own safety.

4. Repeat Offender: The defendant has a history of violating stopping, standing, or parking laws on highways or freeways, indicating a pattern of disregard for public safety.