By Ned Minevitz
Effective for offenses committed on or after September 1, 2023, the fine range for violating Section 545.157 of the Transportation Code, which prohibits improperly passing stationary vehicles such as police cars and tow trucks, increased from $1-$200 to $500-$1,250. See H.B. 898 (2023). This change has led some municipal courts to question whether defendants charged with this offense are still eligible to have their case dismissed via a Driving Safety Course (DSC) under Section 45.0511 of the Code of Criminal Procedure. The answer is yes, assuming the defendant meets Section 45.0511’s other requirements. H.B. 898 made no changes to Section 45.0511(p), which is where offenses ineligible for DSC, such as improperly passing a school bus, are listed. Despite the increased fine range, improperly passing an emergency vehicle under Section 545.157 is still one of the “Rules of the Road” (Subtitle C, Title 7 of the Transportation Code) within municipal court jurisdiction that is eligible for dismissal under the DSC statute.
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