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I was recently given a summons for failure to yield the right of way and this is my first ever offense....?
I am a 16 year old male and this is the 1st time i have ever had problems with the law. I do lots of community service and have over 200 hours of it. All of it is voluntary. With that in mind, what can happen to me? It started when i was leaving the bank to make a left hand turn across an intersection and a van was coming. The van was making in the right hand turning lane so i thought i was good to turn but the angle i was at, the van was blocking a car in the lane next to it so when i went to turn i saw it at the last second. I was able to slam on my brakes and i only clipped him. If I didn't slam on my brakes then he would have hit me on the driver's side in a head on collision at 50 mph and probably would have killed us both.
8 Answers
- 9 years agoFavorite Answer
Standard disclaimer: I am not a lawyer and my answer does not constitute legal advice. Verify anything I tell you by checking the laws in your jurisdiction at a local law library.
I'm going to provide a different perspective than "Layla". I don't think you should contest the ticket. You need to understand that "failure to yield the right of way" is the standard technical language used to describe the physics of the incident ... it does not take into account intent. So, it really doesn't matter whether you intentionally darted out in front of someone or didn't see him, your car still failed to physically yield (allow) the right of way to the other oncoming traffic as is presumably required by the law in your state. You didn't mention where you are so I won't speculate on the exact wording of the statutes there, but most states use similar language on something as universal as not turning into or across oncoming traffic. It is incumbent upon the turning driver to be certain that the path is clear before moving. By your own admission you could not see around the van in the opposite turn lane, therefore by starting your turn you were taking a calculated risk that no-one was going to be in that spot at that moment, but you calculated wrong. It certainly is not the van's fault, and it's certainly not the fault of the driver you hit, and in a situation like this fault must be laid somewhere, so you are it.
It's not that I don't empathize with your situation. I've been many times in similar situations on the road where I want to turn and I can't see anybody coming the other way but there's that blind spot behind the car in the opposite turn lane. Do I risk it or sit tight? Depending on the size of the turn lane and intersection, sometimes I will inch out a bit at a time until I can see beyond the obstacle. But if I can't, I just don't turn because the consequences of guessing wrong are too severe.
Part of the burden and privilege of being an adult is taking responsibility for one's actions, and contesting the ticket is rather a way of avoiding that.
As to the consequences, depending again on the state you live in, you will probably get "points" on your driving record (in Florida it would probably be 3 points). The points might be voidable if you attend some driver improvement course or other diversion program. The points is what makes your insurance rates go up, but not forever. I think it's like the last three years' worth in my state, unless you have been labeled by the courts as a habitual offender of some particular road infraction.
Also beware of the claims that you can get a contested case dismissed if the other driver does not show up at the hearing. I'm skeptical that's a safe bet in all jurisdictions. In some states the police officer who wrote the ticket may also be called, and the presence of the other driver may be moot if other witnesses or evidence is available. It's not like a victim of crime pressing charges and cooperating to testify; traffic citations are issued on the state's own behalf, and the driver you hit is just the prime witness in the state's case. The police officer can also testify as to the accident scene, etc.
ADD: of course when you claim on your insurance to fix the damage to your car, and the other driver also claims on your insurance, this will obviously also drive up your rates.
Source(s): Professional legal research 15+ years. - ?Lv 69 years ago
Sounds like you were lucky, and missed a potentially life threatening accident.
I guess the only thing you can do now, is get some advice from a lawyer. If you can afford one you need to apply for legal aid, and you will get one as everyone is entitled to have a proper defence case.
You'll need to contest , and explain your point of view. I believe you should be ok, as long as you advise that you slammed on the breaks and you prevented a collision. Also, you should advise them about the various obstructions in view , caused by the van and how you feel it was the van driver to drove in a hazzardous way.
Good luck, I am sure you'll be fine as long as you explain yourself. And given your background, in community service , they will look favorably upon this. It shows you character and they won't want to hand you records which could tarnish that, especially as you are so young.
Hope all goes well, and thank goodness you're ok!
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- Katy MLv 79 years ago
You'll get a ticket. Your insurance will pay for the car you clipped. Your insurance will go up. You'll learn from this experience and become a better driver.
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- Anonymous9 years ago
You'll be alright man, You'll most likely receive a rise in your insurance rates and a relatively low fine associated with minor traffic tickets
Source(s): Answer Mine if you can! http://answers.yahoo.com/question/index?qid=201112... - Anonymous9 years ago
You're at fault, your insurance takes care of it and hopefully the driver doesn't show up at court which means the ticket will be dropped.
Just don't go pleading guilty if you don't see the guy.
- Anonymous9 years ago
You'll have to pay like $100 or so and your insurance will go up.