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  1. #1
    Join Date
    Jun 2010
    Posts
    2

    Post Failure to Yield from Private Drive

    My question involves a traffic ticket from the state of: Michigan

    My story goes as follows and with as little bias as possible:
    The accident occurred as I left my friends house. There is not a stop sign at the entrance of the drive and the area is marked as a school zone area.
    I pulled up to the entrance and made a complete stop to check for traffic. My intentions were to make a left turn. The view from the entrance is obscured to the left by trees and bushes ( not sure if this will play any aiding role but it is the truth nonetheless). I look left to see a white truck coming in the close land and wait 2 secs to see if any vehicles are behind it - which was none. Looked right and saw another white truck in the far lane with no cars behind it. I took another look left to see no cars and glanced back to the right to see that both trucks had passed so it was clear to go. As I turn and nearly complete the turn (my car was atleast 90% in the far lane), a car comes and clips the very back corner bumper of my car. My damage was a loose bumper and the lady's car had her front left headlights damaged. The lady said that she saw me coming out and thought that she could have easily missed my car so she did not break and attempt to swerve a little to miss me.


    I suppose my question is if any of my story will help me fight off a failure to yield citation. I know for a fact that as I nearly completed the turn that she was going well over the speed limit of 25mph for that area but have no means of proving it [how can I, besides my educated guess while comparing to the other white trucks car?] My guess was that she was going 45-50 while the accident occurred but that is normal of that street, no one really complies with THAT 25mph speed limit.

    Do the following facts help my cause at all?:
    - I looked left-right-left-right and saw no traffic before I turned
    - She admit that she did not break and thought she could miss me (i have witness to confirm this)
    - and that my car was nearly complete in the opposite lane. The damage site could physically not be any further back on my car or could not possibly be any further front corner on her car [If you could visualize the angle of a turning car and the other car]

    I understand from most posts on here that failure to yield has little success of being over ruled but if there any tips on how to present my defense or what points to stress, I'd greatly appreciate that. No lawyers in an informal hearing so I'll have to do this on the fly. haha

    -Thanks!

    PS: Section # that was on the ticket was 257.652 if that helps anything.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,013

    Default Re: Failure to Yield from Private Drive

    Quote Quoting MCL 257.652. Stopping before entering or crossing highway from alley, private road, or driveway; violation as civil infraction.
    (1) The driver of a vehicle about to enter or cross a highway from an alley, private road, or driveway shall come to a full stop before entering the highway and shall yield right of way to vehicles approaching on the highway.

    (2) A person who violates this section is responsible for a civil infraction.
    You were turning left or right to proceed in what direction, and this person was coming from what direction?

  3. #3
    Join Date
    Jun 2010
    Posts
    2

    Default Re: Failure to Yield from Private Drive

    I was turning left out of the private drive onto just a regular street not a highway. So yea, I had to cross one lane to head westbound while the other car was heading eastbound.

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    7,738

    Default Re: Failure to Yield from Private Drive

    Quote Quoting zyfo
    View Post
    I was turning left out of the private drive onto just a regular street not a highway. So yea, I had to cross one lane to head westbound while the other car was heading eastbound.
    Highway and street are synonymous:
    MCL 257.20 "Highway or street" defined.
    "Highway or street" means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
    History: 1949, Act 300, Eff. Sept. 23, 1949
    I am right 97% of the time... Who cares about the other 4%!

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