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  1. #1
    Join Date
    Dec 2008
    Posts
    2

    Default Appealing Verdict

    My question involves traffic court in the State of: Ohio, city of Cincinnati

    I was found guilty of failure to yield right of way at an intersection where the traffic lights were out due to a power failure. The code is as follows

    Sec. 506-49. Right-of-Way at Street Intersections.
    Except where otherwise provided, the operator of a vehicle shall yield the right-of-way at an intersection to a vehicle approaching from the right.


    I contend that I arrived at the intersection first and had entered the intersection before the car to my right. The other driver contends they were there first. The damage to the vehicles supports my version.

    The judge cited the code and found me guilty on the literal interpretation that the other car was approaching from the right. I feel the judge did not take into consideration that
    1. I arrived first
    2. Was already in the intersection
    3. The other driver's version did not support the description of the damage to the vehicles.
    4. The description of the damage that would support my version.

    My question is do I have any chance to win this on an appeal?

  2. #2
    Join Date
    Jul 2008
    Posts
    471

    Default Re: Appealing Verdict

    Without proof the courts will always go against the person who broke the statue. In other words you had to yield - the other guy didn't. Even if it was the others guys fault without proof they are going to rule against you.
    I'm having a really hard time explaining that hopefully it makes sense.

  3. #3
    Join Date
    Dec 2008
    Posts
    2

    Default Re: Appealing Verdict

    I understand your point on proof, but I am struggling with what would constitute reasonable proof. In this case my car was going straight. Their car was making a right hand turn. They claim they had completed the turn when I hit them. If this were true, I would have had to hit them in the rear section of their car. Both cars hit front bumper to front bumper. They also testified they saw my car 4 car lengths prior to the intersection, which means I would have pretty much had to not stop at the intersection, but also speed through it. I testified I never saw their car until the collision. It is hard to yield to a vehicle that is not at the intersection.

    In an appeal situation, I am not sure how or if these points could be argued. I don't know how well it was captured in the transcripts. Don't want to pay for the transcripts if this is a lost cause.

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