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  1. #1
    Join Date
    Dec 2008
    Posts
    4

    Default Fighting a Failure to Yield Ticket

    i'm sure you get this types of questions all the time, and i'm sure they get to be quite monotonous to answer, so appreciate any and all help you can give me.

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

    okay, so i was pulled over exiting a neighborhood earlier today for "failing to yield at stop sign"

    a couple questions regarding possible contention of this. firstly, the fact that i did stop, but then inched forward to see past the trees and to get a better line of vision (it was snowing outside). This i can obviously contest, but is there any real way i can argue this? essentially there is no evidence to the contrary; it is my word against his.

    secondly, i understand that the difference between the idea of "yield" and "stop" is that you are yeilding to traffic when you are stopping at a stop sign. now, assuming there isn't any traffic to yield to, is there actually a problem when i did, in fact, stop? and again, is there any way my word will stand up against his?

  2. #2
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,573

    Default Re: Fighting a Failure to Yield Ticket

    About the only way to show that what you did was proper under the circumstances is to return to the intersection and take lots of pictures. Take a picture from your car (stopped at the proper position) showing that you do not have a good view of the oncoming traffic -- causing you to have to "creep" forward to get a better view. Take a picture from the officer's point of view showing that it would have been difficult to see that you did, indeed, stop at the stop line.

    If you can show these things, you've got a chance -- or, at least, you would in WA.

    Good luck,
    Barry
    Where am I going? And why am I in this handbasket?

  3. #3
    Join Date
    Dec 2008
    Posts
    4

    Default Re: Fighting a Failure to Yield Ticket

    thank you for the reply.

    i actually have no clue where this policeman was. visibility was low; he knew what he was doing. when i had pulled into the neighborhood just ten minutes earlier he had someone else pulled over. so he was hidden pretty well. could this also help my case? not the fact that he was hidden, but the fact that he had been doing that for much of the day. he was wanting to pull some one over for running a stop sign (he was; he wouldn't be there if he wasn't), so he was in a psychological state of bias--i cannot seem to remember the correct term, but it is when you are wanting to find something, so your mind helps you out (belief perserverence?).

    anyway, i think the fact that it was night would sort of nullify my case for having to creep forward, as i would easily see headlights. but it is more of a habit, i don't like to stop at the last second.

    and do you have any information on the second part of my orginal post?

    thanks again.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,624

    Default Re: Fighting a Failure to Yield Ticket

    The exact statute or ordinance listed on your citation is what?

  5. #5
    Join Date
    Dec 2008
    Posts
    4

    Default Re: Fighting a Failure to Yield Ticket

    Quote Quoting aaron
    View Post
    The exact statute or ordinance listed on your citation is what?
    § 46.2-821 (Vehicles before entering certain highways shall stop or yield right--of--way)

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