Georgia Failure to Yield Citation
My question involves a traffic ticket from the state of: Georgia
I was turning left out of a school (during reduced speed school zone hours) and was waved on by the lane closest to me to move forward. I looked both ways before I turned, was cleared so moved forward. As I made the turn and was almost completely into the lane, I got hit on my rare panel on my passenger side. I was so far into the lane, I thought I must have bumped the curb or hit a mailbox but I soon realized another car had hit me. We pulled off to the side and I called the police. The other driver had minimal damage to his car but the area where my rare panel meets my passenger door was dented in. When the police officer arrived he immediately wrote me a ticket for failure to yield. I do not think it was my fault because I believe the other driver was speeding in a school zone (20 MPH speed limit) because if he was going 20 MPH I can't imagine how he could have come out of no where and not been able to stop before hitting my car. I also do not think it is valid for the officer to give me a ticket with out being there.
I have already been to court twice. The first time was to set a trial date and the second time the officer wasn't there, they called him, he showed up 40 minutes later and then they realized they needed the driver from the other car before we could go to trial.
A. can they really keep delaying the trial? It's not my fault the officer wasn't there and it was not my fault they didn't summon the witness the first time the trial happened.
B. Do I have a valid argument if the other driver was speeding to have my citation removed?
I have no other accidents or citations on my record and I am also from out of state (MA) so this is automatically going to raise my insurance.
Re: Georgia Failure to Yield Citation
The only significance of another motorist waving you forward is that the motorist doing the waving is going to yield (if you correctly interpret what that driver is doing). It does not mean that other drivers are going to yield and does not diminish your obligation to make certain that it is safe to proceed.
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Quoting
fstetson
I do not think it was my fault because I believe the other driver was speeding in a school zone (20 MPH speed limit) because if he was going 20 MPH I can't imagine how he could have come out of no where and not been able to stop before hitting my car.
If you couldn't see him before cutting him off, then it reasonably follows that he couldn't see you. If you could have seen him had you looked, while that might raise a question as to why he didn't see that you were pulling into his lane and would cut him off if you didn't stop, you should have looked before entering his lane.
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Quoting fstetson
A. can they really keep delaying the trial? It's not my fault the officer wasn't there and it was not my fault they didn't summon the witness the first time the trial happened.
If the witness does not appear next time, I suggest moving for a dismissal.
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Quoting fstetson
B. Do I have a valid argument if the other driver was speeding to have my citation removed?
From what you've shared so far, you have no evidence that the other driver was speeding, and it appears to be without question that you cut him off when he had right of way.