Texas Wreck Info and Moving Violation

The Mighty Four Banger

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Had a rough day, wound up at the gas station and someone decided to piss me off more. I’ll spare you the details but I got out, wasn’t paying attention and gave him a gentle kiss... he’s totally fine and I just knocked off a plastic hitch cover that he put back on, my car is completely fine except for some scuffing and a cracked headlight bucket.

neither of us call anyone, deputy walks up that saw us shortly after the matter, tells me he’s calling a pd unit over to fill out a report and give me a citation. Pd shows up, writes report and gives me the ticket.

the guy I hit was nice and didn’t want to go after me or anything, like I said he admit there was no damage. The cop gave me no choice but to send the report and insurance will get back to me in about a week. Does this mean this is getting stuck on my insurance or do I still have the option to not “tell them,“ at the very worst all I need is a new headlight bucket which is way below my deductible.

now for the ticket. I got slammed with a moving violation no questions asked.
I’m assuming the smartest choice is to get off on defensive driving and pay the administrative fee. BUT it doesn’t look right. Have a look, like I said this is from a cop that wasn’t there when anything happened.
2B673C5D-AFD8-4BEE-90CF-2BF902237335.jpeg

I can already tell it’s going to happen but I really don’t want this on my insurance, especially not now. I’m going to the courthouse to see if I’m even able to take defensive driving after causing a wreck.

@Jag42 @Deacon @erickonphoenix
 

sdrawkcaB

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Here's the Texas State Code he's Citing:

Sec. 545.351. MAXIMUM SPEED REQUIREMENT. (a) An operator may not drive at a speed greater than is reasonable and prudent under the circumstances then existing.

(b) An operator:
...
(2) shall control the speed of the vehicle as necessary to avoid colliding with another person or vehicle that is on or entering the highway in compliance with law and the duty of each person to use due care.
Cite: https://statutes.capitol.texas.gov/Docs/TN/htm/TN.545.htm#545.351

I am not a lawyer, but I would definitely consult with a lawyer and ask them what they think of it. I see how the cop decided to cite this particular statue, but I don't believe it is the best law to be citing for the incident.

I definitely wouldn't want to go to court myself arguing that they got the citation wrong, as all they'd do is amend the charges to what they should be, and that won't help your case to have a better matching charge filed. For that reason, I'd say send in your lawyer. Your lawyer may be able to get the charges dropped with the prosecutor, or if it comes trial, could possibly work some other black magic in front of the judge.
 

The Mighty Four Banger

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Here's the Texas State Code he's Citing:


...


Cite: https://statutes.capitol.texas.gov/Docs/TN/htm/TN.545.htm#545.351

I am not a lawyer, but I would definitely consult with a lawyer and ask them what they think of it. I see how the cop decided to cite this particular statue, but I don't believe it is the best law to be citing for the incident.

I definitely wouldn't want to go to court myself arguing that they got the citation wrong, as all they'd do is amend the charges to what they should be, and that won't help your case to have a better matching charge filed. For that reason, I'd say send in your lawyer. Your lawyer may be able to get the charges dropped with the prosecutor, or if it comes trial, could possibly work some other black magic in front of the judge.
Yeah but lawyers are money and I’m still going to have to pay something. If I can take the defensive driving it’s only the administrative fee and the thing is off my record but in the end I’m still pleading guilty. So idk what to do
 

sdrawkcaB

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I got out, wasn’t paying attention and gave him a gentle kiss.
Initially I was imagining you pulled into the gas station, exited the vehicle, the vehicle was not properly secured in parking position and rolled into the other individual in the parking lot. I'm realizing that I may have imagined incorrectly. It sounds like then you were exiting the gas station and pulling back into the roadway and either hit him softly as he was in front of you also exiting the gas station? If that's the case, I can see why he cited this particular law, and it likely is correct.

You could either talk to the prosecutor, possibly bring a written letter from the other party stating that no financial loss occurred and that they are not pressing for or requesting charges, and see if the prosecutor would reduce it into a non-moving violation, something like a parking ticket; a plea deal of sorts.
 

The Mighty Four Banger

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Initially I was imagining you pulled into the gas station, exited the vehicle, the vehicle was not properly secured in parking position and rolled into the other individual in the parking lot. I'm realizing that I may have imagined incorrectly. It sounds like then you were exiting the gas station and pulling back into the roadway and either hit him softly as he was in front of you also exiting the gas station? If that's the case, I can see why he cited this particular law, and it likely is correct.

You could either talk to the prosecutor, possibly bring a written letter from the other party stating that no financial loss occurred and that they are not pressing for or requesting charges, and see if the prosecutor would reduce it into a non-moving violation, something like a parking ticket; a plea deal of sorts.
I’m sorry guys I guess something got cut out. I was at a 4 way stop sign. We both were completely stopped, then he let off the brakes and so did I, I looked one way and when I looked back he stopped again because someone cut him off and I didn’t have time.

force of habit I let off the brakes and checked to see who got to the stop sign before me, as I was advancing to the first position.
Post automatically merged:

And this got cut out. Some idiot with 3 teeth is talking to the cop before he even got to me, saying how I was flying around everywhere cutting everyone off and the only time I was stopped was when I hit the guy. The dash cam was out of service because I left the damn SD card inside.

also, both deputy and officer asked about the parking sensors but seemingly didn’t know what they were.
Post automatically merged:

That lines up better with why I got the citation.
 
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Tallyho

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Fight the ticket. Better to pay the attorney to keep it off your record and have no traffic school. The cop wasn't there and has no testimony except what you may have given him so hopefully you didn't hang yourself.

Before you hire the attorney you can discuss expectations because if he doesn't think he can get your ticket dismissed then you may be better off going with school.
 

thefrog1394

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Had a rough day, wound up at the gas station and someone decided to piss me off more. I’ll spare you the details but I got out, wasn’t paying attention and gave him a gentle kiss... he’s totally fine and I just knocked off a plastic hitch cover that he put back on, my car is completely fine except for some scuffing and a cracked headlight bucket.
Totally not understanding this at all. Did you intentionally hit him because he pissed you off at the gas station? Or does "kiss" mean physically assault him or something?
Post automatically merged:

nvm just seeing your other post about the stop sign, dude with 3 teeth etc.
 
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Won Hunglo

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Not enough details for us to help you. Just get a lawyer.
 

Deacon

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The dash cam was out of service because I left the damn SD card inside.
Don’t do that.

As far as the ticket, I’d definitely suggest you fight it. You can probably take defensive driving, but worst case scenario show up and explain the situation to the judge (probably just the clerk at first) and request the citation be dismissed. You don’t need to wait for your court date.

Practice your story first. FFS make it short and sweet. Your OP version left much to be desired. You’ll probably have to come back to talk to a judge instead of a clerk, but it’s worth a shot especially if you have an otherwise clean record. “Sir [or Your Honor], the guy in front of me at a 4-way stop started going and then stopped suddenly after I started moving to take his place, and I bumped his trailer hitch. We were barely moving, so there was no notable damage to either of our vehicles. The officer who wrote this citation wasn’t there at the time to witness any of this, and I’m not sure why this was issued for such a minor incident, but I’m here to respectfully request it be dismissed.” If they require you to enter a plea first, make it not guilty instead of the Nolo Contendere (no contest) they usually push for.

Probably still better to consult with an established traffic attorney first. If the officer wasn’t there they might be able to ping him on that alone. Or it could be the wrong statute. Or they could get him because no radar was involved, but the citation indicated that was the means of verification. Who knows? I am not a lawyer.

Do you have a copy of the accident report? Was one actually made and filed? If so I would contact your insurance agent, give him your shortest and sweetest version of what happened, and see what he says. Call your agent, not the corporate claims line or whatever.

Also, modify your driving habits. The dude with the three teeth may well have been telling the truth, maybe? But more importantly there’s no legit reason for any of that to happen, no matter what the story. You should have enough awareness before you even get to the stop sign to know what’s up, and you shouldn’t be following so closely that someone giving a false start would cause a collision no matter how minor. Even texting or something at the time shouldn’t cause that result :)
 
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