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Failed to Yield, Please help

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hao

Junior Member
What is the name of your state? New Jersey

I was driving out of the parking lot trying to make a left turn to the street, (there is no traffic light in this intersection). I turned on left turn light, first I noticed there is no oncoming car on my left side, so I moved my car to the middle of the road and stopped, then I noticed on my right the car is far enough so then I made the left turn, after I make the turn, that car( it is a police car) is soon approaching me and pulled me over, the officer claim I "cut him off" and give me a ticket with statute #39:4-90, I checked on line it means " Failure to yield at intersection" which I need pay $85 and 2 points. I am a careful driver and don't want my record stained so I notified them to go to court. I am really looking for your advice since I never been in court before. Here is my defense:

The police car is far enough when I make the turn( it should be much more than 100 feet as I remembered but I don't have evidence), I guess the only reason he pull me over is he is fast and after I make the turn he have to slow down behind me. And that is a residential street there is a school sign at his position when I made the turn so he should not driving fast. But I heard the judge usually only believe whatever the policeman said. Could you kindly advice me how to fight this ticket ? Also could I ask the judge to get evidence from the police camera?

Thank you in advance for any help!What is the name of your state?
 


Zigner

Senior Member, Non-Attorney
Let's see -
You turned in front of a vehicle, forcing said vehicle to alter their speed in order to avoid a collision. Sounds like the textbook definition of "failure to yield" to me. Sorry.
 

HomeGuru

Senior Member
What is the name of your state? New Jersey

I was driving out of the parking lot trying to make a left turn to the street, (there is no traffic light in this intersection). I turned on left turn light, first I noticed there is no oncoming car on my left side, so I moved my car to the middle of the road and stopped, then I noticed on my right the car is far enough so then I made the left turn, after I make the turn, that car( it is a police car) is soon approaching me and pulled me over, the officer claim I "cut him off" and give me a ticket with statute #39:4-90, I checked on line it means " Failure to yield at intersection" which I need pay $85 and 2 points. I am a careful driver and don't want my record stained so I notified them to go to court. I am really looking for your advice since I never been in court before. Here is my defense:

The police car is far enough when I make the turn( it should be much more than 100 feet as I remembered but I don't have evidence), I guess the only reason he pull me over is he is fast and after I make the turn he have to slow down behind me. And that is a residential street there is a school sign at his position when I made the turn so he should not driving fast. But I heard the judge usually only believe whatever the policeman said. Could you kindly advice me how to fight this ticket ? Also could I ask the judge to get evidence from the police camera?

Thank you in advance for any help!What is the name of your state?


*A: your defense is full of holes. Pay up.
 

hao

Junior Member
One more question

Let's see -
You turned in front of a vehicle, forcing said vehicle to alter their speed in order to avoid a collision. Sounds like the textbook definition of "failure to yield" to me. Sorry.
Thank you for your responce. I think my question is how far is enough for me to turn? if the street is limited 35 mi/hr, if we use 2 seconds rule, 150 feet distance should be enough, right? if the video camera of policecar can prove that distance, should it means it's his car exceeding speed limits instead of my failare to yisld? Please advice.

Btw, no matter your responce is positive or negative, it will help me. Thanks.:)
 

You Are Guilty

Senior Member
Thank you for your responce. I think my question is how far is enough for me to turn? if the street is limited 35 mi/hr, if we use 2 seconds rule, 150 feet distance should be enough, right? if the video camera of policecar can prove that distance, should it means it's his car exceeding speed limits instead of my failare to yisld? Please advice.

Btw, no matter your responce is positive or negative, it will help me. Thanks.:)
Not even remotely. If someone is speeding, you're still not allowed to pull out in front of them.
 

Zigner

Senior Member, Non-Attorney
Thank you for your responce. I think my question is how far is enough for me to turn? if the street is limited 35 mi/hr, if we use 2 seconds rule, 150 feet distance should be enough, right? if the video camera of policecar can prove that distance, should it means it's his car exceeding speed limits instead of my failare to yisld? Please advice.

Btw, no matter your responce is positive or negative, it will help me. Thanks.:)
And, contrary to popular belief...the camera does not run all the time. I'd bet that there is no video to view.
 

The Occultist

Senior Member
I'm afraid it does not matter how fast they are going. If they are breaking the law, it doesn't matter; you are not allowed to pull out unless it is safe to do so, and if they have to alter speed, as Zig pointed out to you already, regardless of how fast they were moving, it was unsafe for you to pull out, so you should not have done so.
 

hao

Junior Member
Thanks

Although a little disappointed, I very appreciate all your help. I guess I learned a little traffic law here :cool:
 

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