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    pdevorce's Avatar
    pdevorce Posts: 2, Reputation: 1
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    #1

    Aug 25, 2010, 05:58 AM
    Failure to yield ticket
    I was involued in a car accident a little less than a month ago. I had just dropped my daughter off at work and preceded to pull out the building where there is incoming traffic. There is two lanes going west and two going east. I stopped looked to my left seen no cars. Looked to my right seen cars but where further down the road. Preceded to go into traffic headed east to get in the middle lane. Before I made it I was hit on the driverside by another vehicle. I was given the ticket for failure to yield. While the police was there to investagate he didn't look at the vehicle I was in. Nor did he get a statement from my witness that was in the car with me. After the accident I had enough time to go see how the other person was, leave her go back to my vehicle, smoke a cigarette and go back to the other party to speak with the fire department before "her witness showed up". When her witness showed up there, they asked my witness was the other party admitting gulit because he was a witness. He didn't even realize he was talking to people that was also involved in the accident. Should I fight this?
    smoothy's Avatar
    smoothy Posts: 25,495, Reputation: 2853
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    #2

    Aug 25, 2010, 06:12 AM
    Quote Originally Posted by pdevorce View Post
    I was involued in a car accident alittle less than a month ago. I had just dropped my daughter off at work and preceeded to pull out the building where there is incoming traffic. There is two lanes going west and two going east. i stopped looked to my left seen no cars. Looked to my right seen cars but where futher down the road. Preceeded to go into traffic headed east to get in the middle lane. Before i made it i was hit on the driverside by another vehicle. I was given the ticket for failure to yield. While the police was there to investagate he didnt look at the vehicle i was in. Nor did he get a statement from my witness that was in the car with me. After the accident i had enough time to go see how the other person was, leave her go back to my vehicle, smoke a cigarette and go back to the other party to speak with the fire department before "her witness showed up". When her witness showed up there, they asked my witness was the other party admitting gulit because he was a witness. He didnt even realize he was talking to people that was also involved in the accident. Should i fight this?
    Well, by your own admission YOU were at fault (the damage proves it as well). You were in the process of changing lanes and the person in that lane ALWAYS has the right of way over the person changing lanes or pulling out from a parking lot into it.

    You clearly didn't look too well as if nothing was there then who hit you when you came over? In traffic its really not hard to make that mistake.

    You can always try and fight it... but having fought a LOT in traffic court over the years... I think your odds of winning are pretty remote. Considering you will pay court costs AND have to take time off work for a longshot, unless the points are going to put you over the top and get you a suspension... it may not be worth fighting.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Aug 25, 2010, 06:46 AM
    Quote Originally Posted by pdevorce View Post
    ... When her witness showed up there, they asked my witness was the other party admitting gulit because he was a witness. He didnt even realize he was talking to people that was also involved in the accident. Should i fight this?
    What did "your" witness say?
    pdevorce's Avatar
    pdevorce Posts: 2, Reputation: 1
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    #4

    Aug 25, 2010, 08:16 AM
    Quote Originally Posted by AK lawyer View Post
    What did "your" witness say?
    My witness was not questioned. He only took down there name, address and telephone numbers. If I were to go to driver school would the ticket go away?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Aug 25, 2010, 08:21 AM

    No, but the points attached to the ticket might. Depends on the laws in your area.

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