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  1. #1
    Join Date
    May 2009
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    6

    Default Ticket from Accident 5 Years Ago - Worth Fighting

    My question involves a traffic accident in the State of: Texas

    I recently received a ticket from the city of Houston and when looking up information about it, a ticket I apparently received 5 years ago (May 2004) came up. The ticket was for 1) Failure to drive in designated lane causing accident and 2)Failure to display Texas driver's license.

    The Accident:

    I was driving on the feeder (two lanes, same direction) of I-45 at night in rainy weather. A big dolly truck slowly pulled out from the right in the center of both lanes before coming into the left lane (the lane I was in.) I attempted to switch lanes quickly, clipping the right side of the back of the truck, and hydroplaned into the fence of a business that was on the feeder (the same business this truck was pulling out of, turns out he was an employee as was the one witness that was also getting off work)

    My airbags deployed and my vehicle was totaled. The truck drove off (but eventually came back) Another vehicle stopped and the couple came over and asked me what happened. I told them the best I could as I was still a bit disoriented.

    Eventually a police officer showed up and took my version of the events as well as the trucks. However, the couple that first approached me worked at this same business where the truck driver was a manager. They sided with the truck drivers version although when they came to me in the first place, they said they didn't see it and was asking what happened. I told the police officer that they worked together and he said he knew but that was the only witness.

    I don't remember being given or told I would be given a ticket. Now, 5 years later, they have come up. I called the city about it and was told that there was no signature on the ticket either. I want to know if I have a good enough defense to get the failure to drive in designated lane charge dismissed or if I should just pay it. Will the amount of time that has lapsed hurt my case?

    UPDATE: I suppose it would be helpful to give the other version of events. The truck driver claimed I was speeding. I don't believe I was and isn't it still his responsibility to not pull out in front of oncoming traffic?

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