[Jeffcobb84]

I have just revived a failure to yield citation in the state of Ohio. I was making a right turn in to a two lane road, when the other driver dashed into my lane to turn into the gas station and came into my lane and I side swiped her as I was proceeding to turn right. I received the ticket because I didn't come to a complete stop but instead I "slowed to a near stop" as the officer said. I am going to contest it because even if I didn't stop I slowed down to look both ways and then turned when I see there was no in my lane. I was turning right (east bound) she was turning left (west bound) she merged into my lane to dart into the gas station from where I was coming from. With double yellow Lines in the street

[ScottGem]

I'm having a hard time envisioning this. You were turning right exiting a gas station and the other driver was turning left into the gas station?

Did the officer witness it or were there other witnesses on which he based his determination?

[Jeffcobb84]

Yes that is exactly what happened. The other driver was darting diagonally into the gas station as I was pulling out. She was in the right lane (the lane I was pulling into) as I was pulling out. She hit my ls driver side bumper and I hit her whole driver side of her car. I was cited because the officer said I didn't come to a complete stop but said I was inching my way forward before the turn. He said if I would have came to a complete stop it would have been her fault all the way. But I thought yielding was taking caution and driving slow to check your options before making a move

[ma0641]

No, yielding means giving the other vehicle right of way.

[ScottGem]

In this case, she was in the roadway and you were in a driveway. You have to yield to cars in the roadway.

[smoothy]

A ScottGem said... you are ALWAYS responsible to yield to people in the roadway or exiting the roadway... because you were in a parking lot or driveway atempting to enter the roadway.. If you fight it you are going to lose.

[Jeffcobb84]

The thing is there was no cars coming in the direction I was going to turn in ( right side of street) I had no clue that the women driving (in opisit direction and in the west bound lane) would cross into the lane I was turning on.( east bound lane) to go into the gas station we collided in the west bound lane and that would mean she was driving on the wrong side of the road

[ScottGem]

You never answered the question of whether the officer witnessed it or based his citation on witnesses.

If she was signalling, you would be in the wrong. And I'm suspecting you were looking left to see if anyone was coming in your lane and ignored the eastbound traffic.

[Jeffcobb84]

The officer seen a choppy video. It was a frame every 2 secs. So I don't know how he came to the conclusion that I never stop but came to a near stop. And I did see the other driver but never suspected she would go in my lane to get in the gas station. Also she did not have a turn signal, I on the other hand did.

[ScottGem]

Unless the video showed that she didn't have a signal on I doubt if you can win. If it can, then you have a chance, but you would need a copy of the video to go to court.

[smearcase]

The officer referred to the proper citation, I believe. Even if you could prove that she didn't signal, I think that you would still be found guilty of failure to yield. If you have a decent driving record you may get a reduction of points/fine. Never hurts to try if you can spare the time to attend court.

OHIO RULES AND LAWS (B) " The driver of a vehicle or trackless trolley approaching a yield sign shall slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver shall yield the right-of-way to any vehicle or trackless trolley in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways. Whenever a driver is involved in a collision with a vehicle or trackless trolley in the intersection or junction of roadways, after driving past a yield sign without stopping, the collision shall be prima-facie evidence of the driver's failure to yield the right-of-way. " from: Lawriter - ORC - 4511.43 Right-of-way rule at through highways, stop signs, yield signs.
My bolding on "or, if none" above, I believe makes this law applicable whether there is a Yield sign or not.

In Maryland, where I worked for the highway agency, the applicable rule has been for a long time referred to as "The boulevard rule is a principle in United States traffic law which states that the driver of a vehicle entering a highway from a smaller road or entrance (called the unfavored driver) must stop and yield the right of way to all oncoming highway traffic (the favored drivers).^[1] The rule often comes into play in road accident cases, when a court must determine if a driver is negligent in causing a collision, due to his breach of the duty of care imposed by the rule on the unfavored driver.

Maryland^[2] is among the U.S. states which follow this rule, but not all states have similar provisions in statutes or case law. New York^[3] applies the rule to traffic entering public roads from private driveways or alleys, but not where public roads intersect. "

[smoothy]

If they were coming OFF a roadway... and you were tryng to ENTER the roadway... they would always have the right of way. Thats true anywhere in the USA...and I suspect most of the world as well. It certainly is in Europe as well where have also held a drivers liscense.

[Jeffcobb84]

What about the fact that she was turning left in to a parking lot that left turn into that entrance is prohibited. She crossed over double yellow lines with stripes in the middle because you not supposed to turn left in to the parking lot there. Which is why I didn't yield to her because she wansnt even supposed to turn left in the first place

[Fr_Chuck]

It may make her also guilty, but does not take away your guilt.

Your argument is only good for civil court or with the insurance company as for as what percent of damages.

You did indeed fail to yield.

[ScottGem]

As Chuck noted. Those facts, if provable will help you get damages from her. They won't help you with your ticket. But, most Ticket courts will plea bargain down to either a lower fine or less points. So ti will probably be worth it to go down and fight.