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  1. #1
    Join Date
    Mar 2008
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    Default Failure To Yield In California, CVC 21803a

    So i was turning right onto a highway and there was a yeild i saw the sign checked traffic and i went thinking i would have enough momentum to have the same speed with traffic. when i was already on the highway the police officer zoomed by in the other within a sec of me being on the road. he pulled over and waited for me to pass.
    once i passed him within 30 secs he turned on the lights and pulled me over. worte me a ticket and ecplained that if he didnt switch lanes he would of slammed into my rear. in my mind iwas thinking man you were going like 60-70mph on a 50mph area. but i kept that to myself, so i said really i thought i had enough momentum to flow with traffic.

    so thats my story and now im tryint to fight the case through written trial but i'm stumpped on what to write to the judge. i treied ticketassassian but thier help is mainly on speeding tickets and red light light violations. wondering if anyone can give me a tip or two to fight this ticket. thanks

  2. #2
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    Default Re: Failure To Yield In California, CVC 21803a

    From what you say, you didn't yield but instead tried to merge in front of the traffic that had right-of-way. From what the officer says, as a consequence you cut him off and forced him to slam on his brakes to avoid an accident. You don't seem to be arguing with that - you instead seem to be justifying that by claiming that the officer must have been speeding. But "the other car was speeding" isn't a defense - it's still a violation to fail to yield "to any vehicles ... which are approaching on the intersecting highway close enough to constitute an immediate hazard". Attempting to claim, "I didn't see the officer approaching", or "I didn't estimate his speed correctly", doesn't seem viable, either.

    Here's the statute.
    Quote Quoting CVC 21803 - Yield Signs: Intersections
    (a) The driver of any vehicle approaching any intersection which is controlled by a yield right-of-way sign shall, upon arriving at the sign, yield the right-of-way to any vehicles which have entered the intersection, or which are approaching on the intersecting highway close enough to constitute an immediate hazard, and shall continue to yield the right-of-way to those vehicles until he or she can proceed with reasonable safety.


    (b) A driver having yielded as prescribed in subdivision (a) may proceed to enter the intersection, and the drivers of all other approaching vehicles shall yield the right-of-way to the vehicle entering or crossing the intersection.

  3. #3
    Join Date
    Mar 2008
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    2

    Default Re: Failure To Yield In California, CVC 21803a

    Quote Quoting Mr. Knowitall
    View Post
    From what you say, you didn't yield but instead tried to merge in front of the traffic that had right-of-way. From what the officer says, as a consequence you cut him off and forced him to slam on his brakes to avoid an accident. You don't seem to be arguing with that - you instead seem to be justifying that by claiming that the officer must have been speeding. But "the other car was speeding" isn't a defense - it's still a violation to fail to yield "to any vehicles ... which are approaching on the intersecting highway close enough to constitute an immediate hazard". Attempting to claim, "I didn't see the officer approaching", or "I didn't estimate his speed correctly", doesn't seem viable, either.

    Here's the statute.

    Is there anyway i can fight this? or have i lost the case already?
    To me i know the car wasnt in the intersection yet and the car was far from the intersection when i was going onto the road. i went back to the scene and i noticed when the car passed me up i was about 3 cars onto the road already. Thanks for your info anf reply.

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