FLANDERS - An anti-texting and driving sign erected by a Flanders family may be a safety hazard to drivers, according to the state Department of Transportation.

The sign was put up on Flanders Road after 47-year-old Barbara Tocci was killed in a car accident six months ago. The other driver involved in the head-on crash was not criminally charged. Police say what led to the fatal accident was "defective pavement" and the use of a "hand-held device."

The family claims the driver who killed Barbara Tocci was texting. Police have not said whether he was texting or talking, only that a hand-held device was used at the time of the crash. The Suffolk County District Attorney’s Office says charged were not filed because texting alone does not rise to the level of criminal charges.

The Tocci family says they are not happy about DOT crews surveying the property to make sure the sign is on private land, not public. They say seeing the surveyors is making them relive a part of their loss.

The DOT issued a statement saying, "Our only concern is to ensure that the sign is not on state property where it could be a safety hazard."

In the fall, the state will start a resurfacing project along Flanders Road to fix the potholes.