Transportation Code · §545.351

Moving Violations

Moving Violations is covered under §545.351 and tested on the TCOLE peace officer licensing exam.

To prove this offense, the State must establish each of the following elements: Operator must control speed as necessary; To avoid colliding with another vehicle/person/object; Often charged after collisions; not the same as speeding.

Elements you must prove

  • Operator must control speed as necessary
  • To avoid colliding with another vehicle/person/object
  • Often charged after collisions; not the same as speeding

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Worked examples

Worked example 1

Failing to control speed (FCS) under Texas law generally arises when:

  1. Driver is over the posted limit
  2. Driver fails to drive at a speed appropriate to the circumstances (e.g., wet road, traffic, visibility), often charged after a collision; the elements are different from speeding (§545.351 'safe speed') Correct
  3. Driver brakes suddenly
  4. Driver exceeds 85 MPH
Why: §545.351 requires drivers to control speed as necessary to avoid colliding with another vehicle, person, or other object. Officers commonly cite this after a rear-end or low-speed collision even where no posted limit was exceeded.
Statute: Tex. Transp. Code §545.351

Statutory definitions for this topic

Failure to control speed (FCS) Tex. Transp. Code §545.351
Driver fails to drive at a speed appropriate to the circumstances (wet road, traffic, visibility). Often charged after a collision even where no posted limit was exceeded. Distinct from speeding.