An Ottawa county deputy, who received a traffic violation while on duty, has fought city hall and won. Earlier this month, Ottawa County Sheriff`s Sergeant Jim Wells was responding to an injury accident... That`s when he was involved in an auto accident that sent a Commerce woman to the hospital. Wells and Marjorie Coxs vehicles collided at this intersection at Goodrich Boulevard and North Main in Miami, Oklahoma. Wells says as he approached the intersection, he had his lights and siren activated when the car driven by Cox pulled out in front of him. The Miami police department issued a failure to yield citation to wells, but not to Cox. This morning wells went to municipal court over the matter and received good news. Glen Beachum, Miami City Prosecutor, declined to prosecute Wells, saying the incident didn`t appear to be a criminal matter. As a result, a municipal judge decided not to pursue the issue. Ottawa County Sheriff Dennis King says he is glad the matter is settled."...based upon the evidence in the traffic investigation and eye witness accounts sergeant wells acted completely within the state statutes city ordinances of Miami and department policies and procedures of this office." Cox, who had been seriously injured, was released from a Joplin hospital late last week. The Miami police department did not comment on the matter.