Q: I rear ended someone. There was no damage to either car but I got a ticket. Can I fight it or do I have pay it anyway?
The police were called because the other person was in a work truck and it was their company policy. The ticket was for failing to control speed. It happened as traffic was merging into one lane due to road construction. Do I have a chance of getting it dismissed since there was no damage or should I just take drivers ed?
A:
You have the right to contest any allegation the State makes against you, and force the prosecution to prove any such allegation beyond a reasonable doubt. The fact, however no damage was done to the vehicles has no bearing on guilty or innocence. See Texas Transportation Code Section 545.351:
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:
(1) may not drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards then existing; and
(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.
(c) An operator shall, consistent with Subsections (a) and (b), drive at an appropriate reduced speed if:
(1) the operator is approaching and crossing an intersection or railroad grade crossing;
(2) the operator is approaching and going around a curve;
(3) the operator is approaching a hill crest;
(4) the operator is traveling on a narrow or winding roadway; and
(5) a special hazard exists with regard to traffic, including pedestrians, or weather or highway conditions.
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