Legal Question in Traffic Law in Texas

What are my chances of getting a ticket dismissed with the following circumstances:

I was traveling behind another vehicle in a lane that merges onto a cross street. There is a yield sign posted at the merge point, but there was no cross traffic (all traffic was stopped at the traffic light). I assumed the car would proceed onto the cross street due to the lack of traffic, therefore I turned my attention to the light to ensure that the traffic had not began to move before I reached the merge point. It did not, so when I turned back to proceed straight, the car in front of me had stopped at the street instead of proceeding. Unable to stop by that point, I hit their vehicle from behind and received a ticket for failure to control speed. I have looked up similar cases in other states (I live in Texas) and there have been rulings that indicate that both parties are equally at fault and the ticket has been dismissed. Does it seem as if I would have a solid argument? I would like to know before I take it to court. Thank you in advance for any advice you can provide.


Asked on 8/26/10, 11:43 am

1 Answer from Attorneys
David Ortiz Law Office of David Ortiz

As in all criminal charges, (traffic falls under criminal) you have a right to a trial. I would set the case for trial. Before you do so, ask the court clerk, when you would have a chance to talk to the prosecutor. It usually happens at pretrial (if they set pretrials) or on the day of trial. Set the case for which ever one you will be able to talk to the prosecutor. Some places, after you set it for trial they will no longer work out a deal, so find out first.

Do not explain to the prosecutor what happen because what you say can be used against you at trial. But talk to the prosecutor about working out a plea bargain such as deferred adjudication. (That will mean that it will be dismissed after a short period and paying court cost).

Also sometimes when it is set for trial, the witness does not show and they dismiss the case (rare but it happens). Lastly try the case, you might win (make sure to ask for a jury trial).

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Answered on 9/03/10, 4:40 pm


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