Should I Fight a Failure to Yield Ticket?

[kirklin]

I was pulled over today for failing to yield. When I went to yield, the oncoming traffic was currently stopped as they had the red light. As I proceeded to yield right, the on coming traffic accelerated. I couldn't stop because I was already going and a woman in the oncoming right lane beeped her horn at me.

The cops that pulled me over said that I failed to yield and that I had cut the woman off. In my defense, I had plenty of time to yield because the oncoming traffic was stopped at a light. I thought that I could make it. They didn't start to go through the light until I was almost done yielding.

Should I fight this ticket in court?

[gustav]

You can. But you won't win. When yielding, the fact that traffic is momentarily stopped is not sufficent. You need to be CERTAIN that it won't start up again immediately. An example is knowing that their light JUST turned red, and won't be green for them again for a minute or so. It sounds like you were in close enough proximity that stopped traffic could reach you before you had time to fully accelerate, so you were not in control of the situation.

Yes, I know. It's frustrating. Should I go or should I wait? The rule is, if you're not sure, you wait. Yes, I know, I'm not that patient. Too bad. If I'm not sure, I have to wait. My turn WILL come.

[plys]

Yes!!!! If they were stopped at the red light, then YOU had the "right of way". Your future car insurance premiums depend on this!! Fight it, as what do you have to lose?? Worst case scenario, you lose but your fines will be lessened just for showing up in court. If you win?? You won't have to worry about your insurance premiums rising. Go for it!!!! Good Luck!!

[rheged]

what are you talking about? oncoming traffic is COMMING AT YOU? this makes no sense sorry what do cars coming at you have to do with letting people in to traffic? on your right? . The cop saw the same thing the lady did she was trying to get in and you did not want to let her.. All the rest of what you wrote did not make any sdende eitheer. You either lift your foot off of the gas to give people a chance to safetly pick up speed and merge into traffic or you dont. I think you are not sure what you are supposed to do. In any case if you have no prior tickets you may be able to ask the judge if you qualify for traffic scholll in your area. This keeps the ticket off your record and does not affect your insurance or points on your license. good luck read up some on what it is you did not do. What you wrote I found confusing.sorry perhaps you used an incorrect sentence to explain your position

[bronsin]

You can always try but if the cop shows up in court, it will be his/her word against yours and you will likely lose. A defence of "I thought that I could make it" is not sufficient to win in court.

[collyer]

You, of course, have that absolute right to enter a not guilty plea and make the state prove their case before a judge in a traffic court.

If you do, they will set trail for a future date to allow you and the other side to prepare and gather any witnesses.

On the day of the trail the officer will tell the judge he observed you fail to yield to traffic causing someone to have to brake to let you in. He may even have video from his dash cam.

Your defense will be "I thought I had time."

I'd pay the ticket, but it's your choice.