Texas traffic ticket failure to control speed

[Damand1]

What is the name of your state? Texas Harris co

I was driving on 4 lane county road doing the speed limit (45) on wet pavement in the right lane. The car in front of me made a sharp swerve to the left lane cutting off the car that was directly on my left front. In front of me was a parked dually pickup with a trailer parked in the driving lane. There was no shoulder to my right and I hit my brakes hard but on the wet pavement, I slid into the back of this trailer. The area did not have any 'No Parking' signs. The hot shot driver didn't want to turn into his shop parking lot to pick up paperwork and decided to park on the road. I would have expected a commercial vehicle to have to place cones behind his truck when stopped in a traffic lane? Any considerations to fight the 'failure to control speed' ticket? Thx.

 

[Zigner]

What is the name of your state? Texas Harris co

I was driving on 4 lane county road doing the speed limit (45) on wet pavement in the right lane. The car in front of me made a sharp swerve to the left lane cutting off the car that was directly on my left front. In front of me was a parked dually pickup with a trailer parked in the driving lane. There was no shoulder to my right and I hit my brakes hard but on the wet pavement, I slid into the back of this trailer. The area did not have any 'No Parking' signs. The hot shot driver didn't want to turn into his shop parking lot to pick up paperwork and decided to park on the road. I would have expected a commercial vehicle to have to place cones behind his truck when stopped in a traffic lane? Any considerations to fight the 'failure to control speed' ticket? Thx.

To restate your post, you were driving along at a speed that did not allow you to stop in time for a stationary object on the road.

 

[Damand1]

in summary, what you have written is correct... -D

 

[Zigner]

in summary, what you have written is correct... -D

Then you can see the difficulty in fighting the ticket...
You did, in fact, fail to control your speed (per your own admission).

 

[Damand1]

no doubt the parked vehicle was hit, that is not the question. The question inquires about the requirements for the commercial vehicle stopped on the road to place warning devices which if done might have prevented the situation.

49 CFR § 392.22 - Emergency signals; stopped commercial motor vehicles - whenever a commercial motor vehicle is stopped upon the traveled portion or the shoulder of a highway for any cause other than necessary traffic stops, the driver shall, as soon as possible, but in any event within 10 minutes, place the warning devices required by § 393.95,..

applicable or not in this situation?

 

[Zigner]

no doubt the parked vehicle was hit, that is not the question. The question inquires about the requirements for the commercial vehicle stopped on the road to place warning devices which if done might have prevented the situation.

49 CFR § 392.22 - Emergency signals; stopped commercial motor vehicles - whenever a commercial motor vehicle is stopped upon the traveled portion or the shoulder of a highway for any cause other than necessary traffic stops, the driver shall, as soon as possible, but in any event within 10 minutes, place the warning devices required by § 393.95,..

applicable or not in this situation?

Not insofar as your failure to control your speed is concerned.

 

[NeilTheCop]

no doubt the parked vehicle was hit, that is not the question. The question inquires about the requirements for the commercial vehicle stopped on the road to place warning devices which if done might have prevented the situation.

49 CFR § 392.22 - Emergency signals; stopped commercial motor vehicles - whenever a commercial motor vehicle is stopped upon the traveled portion or the shoulder of a highway for any cause other than necessary traffic stops, the driver shall, as soon as possible, but in any event within 10 minutes, place the warning devices required by § 393.95,..

applicable or not in this situation?

You will have to prove that he took longer than 10 minutes. How will you do that?

 

[HighwayMan]

You will have to prove that he took longer than 10 minutes. How will you do that?

I see that as being irrelevant. I doubt a local traffic court will pay much attention to what 49 CFR says. Bottom line is the OP struck a non-moving object on the road.

 

[NeilTheCop]

I see that as being irrelevant. I doubt a local traffic court will pay much attention to what 49 CFR says. Bottom line is the OP struck a non-moving object on the road.

I see that as being irrelevant. I doubt a local traffic court will pay much attention to what 49 CFR says. Bottom line is the OP struck a non-moving object on the road.

How is something the OP considered using as a defense irrelevant?

 

[HighwayMan]

I won't repeat myself. I already stated why.

 

[quincy]

How is something the OP considered using as a defense irrelevant?

How is the truck parking on the road a defense to hitting the parked vehicle?

The truck driver potentially could be ticketed for parking illegally but that does not mean other drivers can run into him with impunity.

 

[aldaron]

I can write from experience Texas is one of the few states where hiring a traffic ticket attorney helps a lot and only costs about $150. Dunno what they do but they work their mojo and can get it dismissed [as in delaying it for a long long time and courts do a massive dismissal to clear the dockets] or reduced to say a nonmoving violation. Traffic school is another option you take an 8 hr class and ticket gets dismissed but you still pay court costs. Insurance will see nada on your record. If you do go the attorney route hire one that advertises a lot and that's all they do. Saved me 3 different times in the past. All 3 dismissed but no guarantees from the firm. TX has quirks in their laws concerning driving infractions because even the politicians get tickets and hate them. Those lawyers take advantage of those quirks and are successful.

 

[quincy]

I can write from experience Texas is one of the few states where hiring a traffic ticket attorney helps a lot and only costs about $150. Dunno what they do but they work their mojo and can get it dismissed [as in delaying it for a long long time and courts do a massive dismissal to clear the dockets] or reduced to say a nonmoving violation. Traffic school is another option you take an 8 hr class and ticket gets dismissed but you still pay court costs. Insurance will see nada on your record.

The $150 figure could be a bit optimistic. This was not a speeding ticket but a failure to control speed ticket which resulted in property damage.

That said, having an attorney assist with a defense is never a bad idea.

 

[aldaron]

No insurance ticket so that issue should be taken care of outside of court. Those traffic ticket mills can work miracles. That's all they do. Back in the 90's the price was $75 per ticket.

 

[quincy]

No insurance ticket so that issue should be taken care of outside of court. Those traffic ticket mills can work miracles. That's all they do. Back in the 90's the price was $75 per ticket.

Harris County?

You hired attorneys to handle 3 Texas traffic violations for you?