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 16:24:39 · 12 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
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 16:39:55 · update #1
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 16:54:59 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Unfotunately, I believe you will be stuck paying for this one. Police do not have to see the accident in order to write you a ticket. They use the witness statements and the people's statements who were involved in the accident to establish fault. If the cars were blocking your view, they are going to say that you should not have pulled out further. Also, they are going to say that it is your responsiblity to enter traffic flow without hitting someone else. Bottom line, if you have to stop and then pull out into oncoming traffic and you pull out and hit someone...it will be your fault! Sorry, but that's the way it is.
2006-06-26 23:31:06 · answer #2 · answered by rockinout 4 · 0⤊ 0⤋
Former police officer/current attorney...
To put it bluntly...it seems that your screwed. Some of the other postings got it right. You were cited for failing to yield the right of way, not for failing to stop. It won't matter that you have witnesses who can say you stopped...that doesn't matter...you failed to yield the right of way.
The ONLY hope you have is if the officer doesn't show up for court. This happens more often than you think. Alot of police officers don't show up for traffic court. If he doesn't show up then ask the Judge to dismiss the ticket, explain to him how busy you are.
It also doesn't matter whether he saw the accident or not. In Indiana an officer is not required to witness an infraction (which is probably what you received).
Good luck...
2006-06-27 09:03:34 · answer #3 · answered by Whitey 3 · 0⤊ 0⤋
hate to be the bringer of bad news but if you were at a stop sign, then you can't win. you cannot enter the intersection until it is safe to do so, if you could not see if it was safe they will simply say you should have waited until you knew it was, the onus is on you. The only possible loophole, is if the person who hit you was driving excessively fast not just speeding but SPEEDING, and for that you will need a witness who was not in your car, or an accident scene report which states this. but it sounds to me that the officer did not think the other driver was at fault. sorry.
2006-06-27 01:48:47 · answer #4 · answered by iconoclast_ensues 3 · 0⤊ 0⤋
The speed of the oncomming vehicle may have been a contribnuting factor to the accident. Proving the speed would be difficult, however may offer some light of hope.
The officer doesnt have to be present to know you attempted to cross the flow of traffic, they had the right of way, so that is a none issue.
2006-06-26 23:58:04 · answer #5 · answered by KnightZone 3 · 0⤊ 0⤋
you can't enter an intersection until you are able to determine whether there is oncoming traffic or not .... that's it .... there isn't much to argue here
best bet is to tell the judge that you were really trying to be safe but you have now come to realize that you misjudged the situation ... ask if you can get deferred adjudication ... which means you go to traffic school and if you don't get any more tickets for year or so they'll wipe it off your record ... you'll still pay a fine and/or court costs but it should help on your insurance rates ..
2006-06-26 23:41:22 · answer #6 · answered by LizTalks 3 · 0⤊ 0⤋
You could point out that at that intersection, you did stop, but the view is not good there so you had to pull forward until you could see. It's not your fault if the road is badly designed.
Good luck. Fight the power!
2006-06-26 23:28:33 · answer #7 · answered by c'estmoi 6 · 0⤊ 0⤋
If the other guy didn't have a stop sign and you did, you may not have much with your argument. You might have to speak with the ex-cops who do traffic ticket work.
2006-06-26 23:29:42 · answer #8 · answered by leafsfan1000 3 · 0⤊ 0⤋
Yes
2006-06-26 23:40:28 · answer #9 · answered by Serinity4u2find 6 · 0⤊ 0⤋
Were there any witnesses? If not, you might be able to bring that up. Also consider wether the intersection has blind spots.
Be calm and keep a level head. You should be fine :)
2006-06-26 23:30:06 · answer #10 · answered by Mysia 2 · 0⤊ 0⤋