Check out some similar questions!

shleee · Oct 13, 2011, 10:52 AM

I was turning left onto a busy street with lights. 2 lanes going north and south, 2 lanes going east and west. I was heading north, and turning to go west. Just as I pulled up to the light, it turned yellow. I quickly looked to see if I had time to make the light because I was slightly in the intersection. It seemed as if I had more than enough time to get through, and the car that was heading south bound had plenty of time to stop and not run the yellow light, which couldn't have been yellow when he crossed through. I went and the person driving south hit my back end of my truck and sent my spinning into a median. I head absolutely no screeching of brakes, no tire sounds, and I can't bring myself to believe he not only ran the red light, but he also was speeding (obviously I can't prove this though). I got the ticket for failure to yield and now I have mandatory court. I've never been in an accident, and I've never had tickets. How do I fight this, or why am I even being sent to mandatory court?

ma0641 · Oct 13, 2011, 11:14 AM

It was the officers decision to charge you. In many locations an appearance in court is mandatory so the judge can hear all sides, now you can go to court and dispute the decision. However, you admit going through a yellow light and turning across traffic so you will need a strong defense.

JudyKayTee · Oct 14, 2011, 07:48 AM

I'm a liability investigator. The Police Officer very obviously believes, witnesses have stated and the accident shows that you proceeded when it was not safe. He "must" have no proof that the other driver was speeding or reckless.

You cannot - in NY - proceed through an intersection on a red or amber unless you "own" it an that involves being IN the intersection where you would block traffic. It also involves making sure all traffic is stopped before you make your turn.

It was turning yellow when you pulled up to the intersection? Then you had to stop, not proceed through, not see if you could beat the light.

It's going to be about what the evidence shows, what the witnesses said, what the Court can prove.

This is the criminal end of things, not the civil, so I won't go into all of the civil possibilities.

JudyKayTee · Oct 14, 2011, 07:49 AM

Originally Posted by ma0641

It was the officers decision to charge you. In many locations an appearance in court is mandatory so the judge can hear all sides, now you can go to court and dispute the decision. However, you admit going through a yellow light and turning across traffic so you will need a strong defense.

There is no defense for entering an intersection on a yellow/amber and turning into traffic when it is not safe. Had it been safe there would not have been an accident.