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  1. #1

    Question Failure to Yield, Other Driver's Headlights Were Off

    Hi expert law! I first want to thank any help in advance! Now let me tell you my story. Tonight I was driving home from my volunteer job. I was coming up to a four way intersection, as I came up to it the light was green. As usual I looked ahead of me and there were no cars I saw. I then continued to take the left turn at the 4 way intersection. Let me also note that it was completely dark outside, and it was pouring rain. As I made my turn I noticed a black SUV going straight he immediately stopped, I also noted what I saw him having no headlights on. After I made my turn I noticed a cop was sitting behind him and pulled me over right after he saw me do this. He then gave me a citation for failure to yield going left for $88 and 4 points off. I'm 17 years old, and had my drivers license for 11 months. This is also my first ticket I have ever gotten! The officer said he was also going to add a note that it was raining hard and that might of been why I was confused. Now here are my questions:
    (1)- I plan on fighting this in court because I feel like I had no way to notice the driver until I finally made the turn. What are my chances of getting this ticket dropped or receiving a lesser charge (the officer said I might be able to get the points removed)?
    (2)- Do you think my insurance rate is going to sky rocket now that I got a ticket and that I am only 17 years old?
    (3)- Do you have any other suggestions of what I should do?

    Thank you again VERY much for any help, it is greatly appreciated.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,085

    Default Re: Got a Little Dilemma, Any Help is Appreciated

    Please give us your state.

    1 - I wouldn't use the "I didn't see the oncoming car" defense. It is your job to see the car coming. I realize that the combination of rain and the lack of the driver's headlights may help. Did the officer notice the lack of headlights?
    2 - Any ticket a 17 year old gets will increase car insurance premiums.
    3 - Present yourself in court like it is the most important job interview of your life. Dress professionally, get a recent haircut and treat court like church. Realize that you are going to get about 5 minutes to plead your case. Practice what you are going to say before court and keep it short, concise and clear.
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

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