traffic ticket: failure to yield

Laura Marshall · #1 03-02-2009, 05:32 PM

What is the name of your state (only U.S. law)? Louisiana

I have a few questions regarding a traffic incident and resulting ticket I received last week. I was attempting to turn left from a parking lot onto a busy road. The passing traffic had stopped at a redlight, leaving a gap between cars through which I was being permitted to pass. I crossed two lanes and meanwhile the light turned green. Being in the road and now holding up traffic, I only had the left turn lane still to cross before I could turn and be out of the way. However, as I approached this lane I had almost no line of vision for traffic approaching in it, and just as the front of my vehicle crossed into this lane another vehicle came along suddenly (traveling at a normal speed as the driver approached his green light) and I slammed on brakes, but it was too late, our vehicles made slight impact. The damage was as minor as I can imagine it could have been: only a small hole and scuff that wiped off my front bumper and a minor scratch on his tire rim and scuff on the side of his rear bumper. A police report was filed and I was issued a ticket for failure to yield.

I am now considering the options for how to handle this. I would not say I was not guilty because I know I made an unwise decision that resulted in the accident/ticket. However, I am concerned for my driving record because I also had a speeding ticket in Jan. 2008 for which I attended a defensive driving class. These incidents occurred in two different LA cities. One of my main questions is: do judges in traffic court have defendants' entire driving records before them during proceedings, or in other words, if I did go to court and plead no contest, would my previous offense haunt me? Would the judge be less likely to be lenient because of it?

Thanks.What is the name of your state (only U.S. law)?

seniorjudge · #2 03-02-2009, 05:40 PM

Ask the prosecutor if you can plead to a non-moving violation.

Laura Marshall · #3 03-04-2009, 08:18 AM

Thanks for the reply. So you think they might take it down to a non-moving violation despite my previous speeding ticket (for which I took Def. Driving, but I think it still shows up on my record...I am not sure)? Do you know if the judge/prosecutor will have my record and know about that offense?

ecmst12 · #4 03-04-2009, 08:38 AM

The prosecutor will almost certainly pull your driving record prior to the court date. And yes, it will reduce your chances of getting a deal.

Laura Marshall · #5 03-04-2009, 12:24 PM

So, let me pose this scenario based on my situation. If I choose not to appear in court and just plead no contest by signing and paying my fine by mail, I could expect the "failure to yield" citation to go on my driving record.

How long do offenses stay on your driving record? Forever? Or do they get cleared at some point? I read that insurance companies can only raise premiums based on offenses within the last three years, is that correct?

ecmst12 · #6 03-04-2009, 01:27 PM

Paying the ticket without appearing in court is equivalent to a guilty plea. Yes, it will go on your record. 3 years is the usual amount of time that insurance can surcharge you for a ticket or accident, but your state laws may vary - ask your agent.

Laura Marshall · #7 03-04-2009, 01:47 PM

On the back of my ticket it gives the option to waive the right to an appearance and choose either a guilty or no contest plea. Is there a difference in the end between these two if I choose not to go to court, or if I do? Would one lead to a better outcome (in terms of driving record, impression on judge/prosecutor) than the other?

Thanks