about a month ago i got into a car accident in rochester, mn. i stopped at a stop sign and i was getting ready to cross a double highway..there were three cars turning right and they were blocking my view on the left so i pulled out a little further, stopped, looked both ways and didnt see anything. i pulled out to go and a car hit the side of me about 5 ft into the road. we parked at a gas station to exchange information and a cop came about 5 minutes later..he issued me a ticket for failing to yeild to oncoming traffic at a stop sign...but he wasnt even there to see it PLUS i stoppped twice. i go to court to fight it tomorrow and i need some good points to bring up so i dont have to pay for somehting i didnt do. please help?
2006-06-26 16:23:33 · 16 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
my brother and sister were with me and they said that i stopped too, they both said that it seemed like the car came out of no where
2006-06-26 16:40:13 · update #1
my brother and sister were with me and they said that i stopped too, they both said that it seemed like the car came out of no where
2006-06-26 16:40:14 · update #2
You admitted fault here and I bet that you admitted fault there too.
Read what you wrote and you will realize that you have no argument in court.
He did not write the ticket for not stopping for the stop sign.
He wrote the ticket for "failing to yield to oncoming traffic at a stop sign."
Big difference, if you were struck by cross traffic it becomes obvious that you did not yield to their right of way!
Your best bet would be to plead "no contest" accepting the courts verdict without admitting guilt, it keeps you from looking foolish by trying to argue an open and closed case, and save face at the same time.
2006-06-26 16:44:03 · answer #1 · answered by Anonymous · 2⤊ 0⤋
They're going to ask you if you'd like to speak with someone from the District Attorney's office. The ADA will offer you a deal......I'm saying this, assuming you don't have piles of traffic violations on your MVR. You can either take it, or not. The reason they GIVE you a court date is so you have the opportunity to fight the case. If you choose to plead not guilty, which you very well CAN, since you stopped twice, they'll probably schedule another hearing specifically for your case. The officer issuing the ticket DID NOT WITNESS the accident, so basically it's your word against anyone else's. You and the other party flipped into a parking lot to exchange information, so you get points for being responsible, and extra points for not fleeing the scene, blah blah blah.
It is probably not worth it to hire a lawyer. You'd wind up paying like 10x more than you would if you just paid the ticket. BUT I do understand that you don't want that crap on your record, if you can get out of it.
I once had a case where I pled to a lesser offense...something about a goat. Dead serious. If they offer you something minor like that, you can either take it or not. There's nothing saying you can't walk into a courtroom and tell the truth. If you want to fight it, plead not guilty, and fight it. The worst thing that could happen is the judge decides that you did fail to yield, and you have to pay the ticket. And you may very well get off altogether.
2006-06-26 16:33:18 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It is my understanding that you were at an intersection to where you had to stop and the other traffic did not, therefore, they have the right-of-way and you must yield it to them. It is quite obvious to anyone that you faild to properly yield that right-of-way, or you would not have been hit. If there is some sort of obstruction to your line of sight, then you must wait until those other vehicles turn, so that you may safely proceed into the intersection when the obstruction is free from your line of sight, and you are able to observe no oncomming traffic. Additionally, he did not write you for disobeying a stop sign, he wrote you for failure to yield to oncomming traffic at a stop sign, there is a difference. Just because you stopped does not mean you can then immediately proceed into or through the intersection, you must first make sure there is no oncomming traffic, then go. Unfortunately, you WERE in error, and I see your court date has passed and you've most likely already been informed of that by the judge. Next time, ask this question more than 1 day prior to your court date, and we can help you save some grieff. Judges can get mad and increase your penalties at will, it's all legal, hopefully you did not argue with him.
2006-07-03 10:27:54 · answer #3 · answered by rgw02131977 2 · 0⤊ 0⤋
No matter how unfair it may seem, the law doesn't always take into account your feelings about the fairness of the situation. Cross traffic didn't have a stop sign, from what you said, and the car without a stop sign hit you in the side. Therefore it is pretty much automatically your fault because you shouldn't have been in the intersection when another car was coming, regardless of the fact that you couldn't see well. That is probably how the court is going to see it. Of course, you should explain your point of view, but I wouldn't get my hopes up. It is just like how in California at least, if there is a rear end collision, it is essentially always the fault of the person in back unless he can prove otherwise, because he should have stopped. It may not seem fair, but life isn't always fair.
2006-06-26 16:29:55 · answer #4 · answered by Larry 6 · 0⤊ 0⤋
You will probably pay for something you DID do. You pulled into traffic in front of a car that had the right of way. The ticked was issued correctly, and you are at fault. Even if you stop twenty times, pulling out in front of a car is wrong (and stupid). Take responsibility for your mistakes!!
2006-06-26 16:28:47 · answer #5 · answered by wildraft1 6 · 0⤊ 0⤋
In California, an officer cannot arrest or cite you for a misdemeanor crime that he does not witness you committing. If the citation wasn't signed by the person who hit you or by another witness, the citations may be invalid.
But technically, you were in violation of not yielding to oncoming traffic. That's why the accident happened.
2006-06-26 16:28:21 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The responsibility to yield to oncoming traffic was yours. You did what you could, but it was to no avail. I would not call that fault, it is more like fate. I wish you luck in wherever you go with this, but you may be able to plead it down to a lesser offense that will not show on your record.
2006-06-26 19:12:11 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It is called "proceeding from a stop sign before safe to do so", but if you explain to the judge that your vision was obscured, they may go easier on you. Try this site here. They answer all type of legal questions regarding traffic law.
2006-06-26 16:32:23 · answer #8 · answered by The Y!ABut 6 · 0⤊ 0⤋
He hit you. He is at fault no matter what. You proceeded with caution after stopping 2 times. The other car sounds like it was going to fast to be able to control its own movement. You should be able to stop in time when taking off from a stop. He is at fault. Whenever you hit someone its your fault always.
2006-06-26 22:08:56 · answer #9 · answered by capster 2 · 0⤊ 0⤋
well first, yielding and stopping are two different things. stopping is stopping and yielding is allowing others the right of way. so, the officer was right in issuing the ticket. even though the situation kinda sucked. but maybe if you explain what happened, the judge might sympathize with you.
2006-06-26 16:29:39 · answer #10 · answered by ♥ aichan ♥ 2 · 0⤊ 0⤋