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dwietecki · Jan 7, 2009, 09:19 AM

My 16 year son (driving for 4 months) was cited for an accident (no reported damage to either car). He was going to turn left and pulled into the intersection at a green light (in his turn lane). No oncoming traffic was present at the time. A non-licensed driver pulled quickly from a gas station (situated on the corner with it's exit driveway very close to the intersection). She barely hit his car. The police cited him because he said anytime you're in the intersection you're at fault (so therefore it was his fault because technically she did have the right of way). He was not moving when it occurred (just sitting in his turn lane). He was cited for Failure To Control and we have a pre-trial date soon. Question is: in Ohio any driver under 17 who gets any moving violation loses their license for 6 months with NO driving privileges (unless with a parent). What are the chances of getting this dismissed, reduced, or driving privileges (work/school)?

JudyKayTee · Jan 7, 2009, 09:24 AM

Originally Posted by dwietecki

My 16 year son (driving for 4 months) was cited for an accident (no reported damage to either car). He was going to turn left and pulled into the intersection at a green light (in his turn lane). No oncoming traffic was present at the time. A non-licensed driver pulled quickly from a gas station (situated on the corner with it's exit driveway very close to the intersection). She barely hit his car. The police cited him because he said anytime you're in the intersection you're at fault (so therefore it was his fault because technically she did have the right of way). He was not moving when it occured (just sitting in his turn lane). He was cited for Failure To Control and we have a pre-trial date soon. Question is: in Ohio any driver under 17 who gets any moving violation loses their license for 6 months with NO driving privileges (unless with a parent). What are the chances of getting this dismissed, reduced, or driving privileges (work/school)?

You never know what a Judge is going to do until the Judge actually does it. It's my understanding that in Ohio there are NO exceptions to the "lose your license" law.

I'm an accident investigator and I'm having difficulty with how the accident happened. He was in the intersection, in his lane, stopped, waiting to turn left, under a green light. Someone (doesn't matter if she was or was not licensed, it's unrelated to the cause of the accident) comes out of a gas station (her speed doesn't much matter) and hits his already stopped vehicle - ? And he is cited for failure to control his vehicle? I could see it if he was moving, I could see if he was attempting his turn.

What am I missing here?

If the circumstances are as described I would get an Attorney and fight the ticket - I don't see how a stopped vehicle at a green light in the intersection in the proper lane is responsible for this accident - particularly when the other driver drove into him and, as I said, he was stopped there, waiting for a break in traffic.

Fr_Chuck · Jan 7, 2009, 09:46 AM

I believe Ohio it is statue and not up to the judge to allow or not allow.

Next if he was "in the intersection" why was he not moving, you can not enter an intersection unless you can go all the way though, ( that is another violation into itself)

Best chance, hire an attorney and see if they can reach a plea agreement to a non moving violation. Also check with your attorney to see if a nolo plea on this also ends the license

dwietecki · Jan 7, 2009, 10:01 AM

Thanks to both who answers so quickly. It's weird but true. He pulled into the intersection in an attempt to turn left when she came out of the gas station (no other traffic in sight). He saw her and stopped (still in his lane). She hit him (again she stopped in time to cause only a license plate holder to break on his car). But, he was cited.

I think the only way to get driving privileges is to fight the ticket or get it reduced to a non-moving violation. I'll contact an attorney for advice.

Thanks.

JudyKayTee · Jan 7, 2009, 10:02 AM

Originally Posted by dwietecki

Thanks to both who answers so quickly. It's weird but true. He pulled into the intersection in an attempt to turn left when she came out of the gas station (no other traffic in sight). He saw her and stopped (still in his lane). She hit him (again she stopped in time to cause only a license plate holder to break on his car). But, he was cited.

I think the only way to get driving privileges is to fight the ticket or get it reduced to a non-moving violation. I'll contact an attorney for advice.

Thanks.

This is not exactly how it was originally posted. Originally he was stopped and she hit him. Now he saw her and stopped. These are two different situations.

In this situation, yes, she had the right of way and he was at fault.