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Failure to Control Speed Texas

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Default User

Junior Member
What is the name of your state? Texas

Greetings,
I recently was in an accident here in Texas. Let me explain. The row of cars was like this: Black Suburban, Green Camry, Myself, Cadillac.

40 mph speed zone. A dog in the median was waiting to run across the street so the Black Suburban slams on it's brakes, and the Camry slams into the back of the black Suburban. I was not speeding, and following at least 1 car link back. But nonetheless there was no way I'd been able to stop before hitting the Camry. The people in the black Suburban were out of state drivers, and claimed the dog made them stop even though it didn't run across the street until the wreck was long over. The girl in the Camry had her license for 6 months, and was disoriented and balling her eyes out. She had no idea what was going on. The Cadillac behind me [Did not hit me] driver and passenger got out to console the girl.

The police arrived and they took my statement last, when everybody was gone. From what I asses in the accident report, the other 2 drivers claim that they came to complete stops, and I came barreling in with reckless disregaurd. This is not the case, the police officer who gave me the ticket even told me he knew I wasn't even going as fast as the speed limit, yet gave me a ticket for "Failure to Control Speed." I've spoken to the witnesses [Cadillac] and they say the Suburban and Camry collided and gave me no time to swerve. Also from what I understand, the Camry's 16 y/o driver claimed I made her hit the Suburban, and she didn't receive a ticket.

Do I have a case to get my ticket dismissed? I understand that most states [especially Texas] automatically say that if a driver rearends another they are at fault. Personally, I don't think I failed to control speed, especially driving under the speed limit and the officer telling me the same. The ticket is based on the officer's "Information and belief" if it was just my word against 2 peoples, I'd bite the bullet, BUT there are witnesses to the accident.

I apologize for the word y post, but I thought it was important.

Thanks for your time,
Scott
 


JETX

Senior Member
Default User said:
Do I have a case to get my ticket dismissed?
Based on your post, no.
The only relevant issue is that you were either traveling too fast to stop within the space in front of you.... or you were following too close for the speed you were traveling.
 
Default User said:
What is the name of your state? Texas
the police officer who gave me the ticket even told me he knew I wasn't even going as fast as the speed limit, yet gave me a ticket for "Failure to Control Speed." I've spoken to the witnesses [Cadillac] and they say the Suburban and Camry collided and gave me no time to swerve. Also from what I understand, the Camry's 16 y/o driver claimed I made her hit the Suburban, and she didn't receive a ticket.

Do I have a case to get my ticket dismissed? Scott
The 16 year-old was doing the same as you....failure to control speed, such that the distance you were following did not permit stopping or otherwise avoiding sudden events up ahead. She should have taken the fall, same as you. "Control speed" does not mean going slower than the speed limit. It means adjusting the distance between you and stuff up ahead, so that a stop or other avoidence manuever is controllabe at whatever speed the traffic is moving along, should the unexpected turn up ahead. If there is too little distance, you have no time to control speed after the fact.
 

JETX

Senior Member
poppakeith said:
The 16 year-old was doing the same as you....failure to control speed, such that the distance you were following did not permit stopping or otherwise avoiding sudden events up ahead. She should have taken the fall, same as you.
WOW!!! Another wonderfully insightful post!! And without ANY value to the OP.
 

Default User

Junior Member
@poppakeith - thanks for the support. You were saying that she should have gotten a ticket if I did right?

I don't know if anyone really cares about this, and I don't know if this is hijacking my own thread, but here's an update.

First, some things I purposely neglected to mention, as I had already searched the other posts and found some answers. I actually received 2 citations, one for "Failure to Control Speed" and another for "Expired Insurance". When I got in the accident on 1-29-05, I had an insurance card that expired 1-28-05 in my vehicle. I hesitated at mentioning this because I assumed it was a no-factor since I could just show proof of insurance and get it waived. The other problem I failed to mention was that the Officer put the wrong date on the citation, 1-28-05. That was originally going to be my question, but I searched the forum and found that I would probably just have a new citation written.

I went to the County Clerk's office to deal with the citation. First, about the "Failure to control speed" I decided to just do a DSC [Driver's Safety Course] and pay the fine [$95].

Here's where I get really mad, the 16 y/o since she was a minor had to have her mom present during everything. I got the girl's story at the scene, she had no idea what happend. But in the police report her mom graciously decided to coerce a story! Mom wasn't even there! The fun doesn't stop there, good ole' mom decided to tell the insurance the total heinous story. Now, my insurance has agreed to 100% liability! The only thing I was at fault [which I don't think I am, especially cause it should have been a no-fault accident freaking dog!], is for the back of her car and the front of my truck. She had already hit the Black Suburban on her own, I didn't even cause a second collision! And to add even more, I only receieved a citation based on the officer's "Information and Beliefs"! I received a ticket on someone's lies! What a great set-up. I don't think they should be able to give ticket's based on "he said, she said".

Now, here's where I get really mad, and the county clerks problem starts. Because the officer placed the wrong date on the citation, when I brought up my insurance that stated I was covered starting 1-28-05 to 7-28-05, they said it can't be used. Because it was started on the same wrong date of the citation! According to state law, the insurance can't be started the same day of the accident. Basically, protecting from people getting in an accident and then going to go get insurance. But I wouldn't have received that violation if it was actually 1-28-05! So, I'm getting in trouble for having the wrong insurance, but can't get it waived because I now have the right one! It's easier to understand than it sounds. They ended up telling me they couldn't waive it, but that they have to send a query to a insurance validation company to validate the dates! All because the officer placed the wrong date!

If I was naive, I would be angrier than I am. But I fully expected to not only be blamed for the accident, which wasn't my fault AND to be screwed by the justice system.

Hope you enjoyed my story, please don't take this as I'm "complaining" or I'm some anti-government. I just think that it's silly for officer's to be able to write a citation based on "he said, she said". Especially for an accident. Because the insurance will assume it's my fault because I'm the only one who got a citation, and the justice system assumes I'm responsible because my insurance claimed 100% responsibility. All because people lie at the scene of an accident!

Know any easy internet DSC?
 
JETX said:
WOW!!! Another wonderfully insightful post!! And without ANY value to the OP.
When I was a kid, my uncle gave me a shiny, new penny. Not much value there. Two years ago, I found that penny in a drawer at my parent's house. Turns out it is worth $750. Insightful postings work sorta like that penny, Jetx. Look around, explore your enviornment, and maybe you can come up with an insightful post.
 
Default User said:
@poppakeith - thanks for the support.
Jetx will be disappointed to hear that. He just told us that my post has no value to you.

Default User said:
You were saying that she should have gotten a ticket if I did right?
Should have, but didn't. Happens all the time. (Notice all the idiots who zip past you on the roads, when you are going the speed limit.) Since guilt is pronounced by humans, they will do it properly most of the time, and not at other times. This is one such time.
Default User said:
If I was naive, I would be angrier than I am. But I fully expected to not only be blamed for the accident, which wasn't my fault AND to be screwed by the justice system.

Hope you enjoyed my story, please don't take this as I'm "complaining" or I'm some anti-government. I just think that it's silly for officer's to be able to write a citation based on "he said, she said". Especially for an accident. Because the insurance will assume it's my fault because I'm the only one who got a citation, and the justice system assumes I'm responsible because my insurance claimed 100% responsibility. All because people lie at the scene of an accident!
"He said, she said" is unfortunately all we have to work with....and nobody ever found honesty and true perspective to be a universally shared quantity or quality among humans. Horror is that the admonition to control speed, taken seriously and completely, would have kept you from all this toil and trouble. The admonition is intended to enable safe response to the unexpected....like the Cadillac which apparently didn't hit anything.

As to the insurance element, as you have discussed it (in two different postings), sounds like you had insurance, continuously in force....one card showing it in force until the moment the renewal card takes over as proof of insurance. Is that not true? Different companies, maybe?
 

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