Failure to Yield While I Was Stuck

[dorito3156]

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

hey I was recently in an accident in which I received a ticket for failure to yield right of way while entering roadway. what happened was I was backing out of my driveway and right at the end my front wheels got stuck (it was snowing a lot and the plow pushed snow in the end of my driveway). an 18yr old girl was speeding down my road with her music blasting a friend passenger and probably on her cell phone, she hit my rear passenger side. her mother is a local cop so she didnt get any ticket.

My question is since I was immobilized and unable to clear the roadway would it be a failure to yield still? and if not will that be grounds for dismissal of the charge?

thank you in advance for your help

[Mr. Knowitall]

What's the exact statute (provide the number) you're charged with violating?