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    I was given a "Failure To Yield Ticket" but I was not at fault, how do I fight it?

    Asked Oct 11, 2011, 11:48 AM 2 Answers
    I was recently in a small car accident which I received a failure to yield ticket. I was at 2-way stop, I had been stopped for quite a while, (with my blinker on to turn left,) waiting on my turn as well as traffic to go by.

    When it was my turn, a car had just pulled up to the other side waiting to go as well. When I decided it was clear, and I could proceed, the other car decided it could go shortly after I did which caused her to T-bone me.

    The cop wrote me a ticket for "Failure to Yield", he said he was doing this because he was not aware of the exact rules at a stop sign, and he had to give somebody a violation. He said he would more than likely drop the ticket once he got to the office.

    Turns out he did not drop the ticket, so I will be taking it to court. Do you have any suggestions on how to fight this or should I just pay the ticket and go on?

    My pick-up has about $5,000 dollars worth of damage, and, this is my first ticket, so I'm not real sure what to expect or do!

    Last edited by CliffARobinson; Oct 11, 2011 at 12:53 PM. Reason: spelling, grammar, clarity
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    AK lawyer's Avatar
    AK lawyer Posts: 11,331, Reputation: 881
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    Oct 11, 2011, 12:07 PM
    Quote Originally Posted by rcgibson1 View Post
    ... The cop wrote me a ticket for Failure to Yield, he said he was doing this because he was not aware of the exact rules at a stop sign and he had to give somebody a violation. ...
    Funny.
    Looks like the cop is a bit green behind the ears. An experienced cop would never admit ignorance about the rules of the road.

    What is it about the accident that made him think you might not be guilty of failure to yield?

    Quote Originally Posted by rcgibson1 View Post
    ... Turns out he did not drop the ticket so I will be taking it to court. ...
    He said he would more than likely drop the ticket once he got to the office. After doing his homework, he must have determined you were at fault.

    Quote Originally Posted by rcgibson1 View Post
    ... Do you have any suggestions on how to fight this or should I just pay the ticket and go on? My pick-up has about $5,000 dollars worth of damage done to it as well as this is my first ticket to receive so I'm not real sure what to expect or do!
    Depends on the amount of the fine, and whether that and the increased insurance premium are worth the trouble of fighting it.

    In many places, the investigation officer prosecutes traffic offenses. I assume he didn't actually see the accident? Did you make a statement? If he didn't see it, and if you didn't incriminate yourself, it's possible that he will have no witnesses, and no evidence, of the violation. If that's the case, don't say anything until the prosecution closes it's case. At that point, move to dismiss. Again do not testify if he fails to prove his case.

    I'm not sure why you have said how much damage your vehicle sustained. That's immaterial, as far as the traffic offense is concerned, although I suppose restitution (to the other party or their insurance carrier) might be ordered. If you have collision coverage, your damage may be covered, less deductable. Assuming there was damage to the other vehicle, have you notified your insurance company?
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    ScottGem's Avatar
    ScottGem Posts: 61,859, Reputation: 5752
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    #3

    Oct 11, 2011, 12:49 PM


    The other car was going straight? If so, then they had the right of way.
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