Yes it did have the first three gears, and yes I did take it to the dealership hoping that they would give me a break, but no, since I did the three tranny fluid changes myself (every 30k) they broke my wallet instead. (4300) . If you had the vehicle serviced at Lexus for its life, than go in and ask for a good will replacement, some have just payed labor and it ended up being around $1700 total. but if you didnt have the total Lexus service, than find a good reliable tranny shop... dont forget to fille a complaint with Lexus of AMerica and the NHTSB online. The numbers keep rising with the failures. I hope yours is not failed and has a bad solenoid or something. Does the engine run rough? Because if it does it will not go into fourth gear, just shooting from the dark.... Some have had bad knock sensors when this happens...Good luck