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-   -   Can I fight off the failure to yield ticket? (https://www.askmehelpdesk.com/showthread.php?t=695853)

  • Aug 21, 2012, 08:07 PM
    haiboy
    Can I fight off the failure to yield ticket?
    I got into a car accident today. I was driving to a stop sign and I stopped. There was a tree and fences blocking the left view of the road so I moved up a little and stopped again. I can see the end of the road which is like a curve downhill 10'o clock from my vision and road 300 to 500 ft to the intersection. So there is a short small blind spot I couldn't see because of that curve. At same I have to take a look right side to see if there is no car coming too. I slowly proceed (about 5 mph ) at the intersection and suddenly at that blind spot (left side), a car was speeding toward my car and honk. I immediately break but that car still scratch off my bumper and stopped about 500ft away from my car in the right side. In my point of view, I see him driving much faster than the other cars and he did not even try breaking beforing hitting my car. But the police gave me a violation ticket for "failure to yield." My road have a stop sign and the intersecting road does not have a stop sign. I want to know if I can fight off the ticket by with these points:

    1) The design of the road and objects blocked the vision of the left side of the road and created blind spots at a certain angle which if someone was at those blink spots and was speeding will cause accident especially since it is a two way road. Plus I never driven in these roads before. In my judgment at the moment, since there is no car at the far end (10'o clock direction) and 500ft from the intersection, I would think there is no car. So I should take a look at the right side to make sure I am safe to cross.

    2) He was actually driving very fast. Faster than people who are moving in the opposite direction. He did not even try to stop when passing my car and scratching off the bumper. He only stopped because the car was scratched even though he have the right of way. It seems to me he did not even try to prevent the collision.
  • Aug 21, 2012, 08:32 PM
    Fr_Chuck
    Did you have a radar gun that was licensed in your state to prove the speed of the car?

    You saying, the car was going to fast, means nothing ( sorry)

    But you will have to prove it was going too fast, or prove you are trained in how to determine the speed of cars.
    *** or hire an accident investigator to prove this.

    Of course you can try and fight it. You can drive back there and video take the entire area to prove your point in court.

    But unless you can prove that a car going a certain speed will not be seen in blind spot and that no one could stop at certain speeds.

    So you will need to hire a accident investigator and most likely a traffic engineer to prove your points.

    Most likely the defense of this ticket would cost 2 or 3 times the ticket amount. And you still could lose
  • Aug 22, 2012, 03:39 AM
    ScottGem
    Take pictures of the sight lines and show the judge that there is a blind spot. You will probably get the fine reduced and no points.
  • Aug 22, 2012, 12:26 PM
    haiboy
    I went to the accident scene and did an experiment on the road. There was a big pole right there blocking the view of a driver and it take about 3 to 4 second for you to see the car again when my car was at that angle. I also took a picture of a cautious sign saying an intersection ahead (20mph speed limit) a block away warning the other driver. I have a school mate in my class who also witness the situation. I also recorded the blind spot of a few cars driving by. I also recorded the speed of a few cars passing a NYS radar on the same road which shows an example of the speed of a car at 30mph. My school mate said the car was much fast then the example I recorded. Is this enough proof?
  • Aug 22, 2012, 01:26 PM
    ScottGem
    Proof, no. But it is enough evidence to at least get you a plea down. Maybe a dismissal.

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