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  #1  
Old 07-15-2008, 07:33 PM
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Join Date: May 2008
Posts: 3

failure to yield to oncoming traffic


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

I was turning right from a private drive into the main road...The sun was hitting my eyes and was almost blinding me. I did not yield to an oncoming police car going straight on the main road due to the sun. Is this worth contesting not guilty?
The policewoman took my license as bond but said I could drive without it. If I plead not guilty can I get my license back before trial?

Thanks
Sh
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  #2  
Old 07-15-2008, 08:32 PM
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Join Date: Aug 2007
Posts: 386

Driving without a licence?


What was the violation you were cited with?
The police car yielded to your car?
Every driver cited for a traffic violation is entitled to enter a not guilty plea.
The driver is simply saying to dismiss his case if the violation can't be proved in court.

Regards,
Hey There

Last edited by Hey There; 07-15-2008 at 08:36 PM. Reason: added info
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  #3  
Old 07-16-2008, 12:41 AM
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Exclamation

I was cited for Failing to yield -entering from Private drive
I was supposed to have yielded to the police car.
Will the case hold if I say the sun was blinding me? Thats the truth really.
I will be honest n say the sun blinded me n I couldnt see the Police car coming. Will the judge dismiss the case since I am guilty of the citation but it was a genuine mistake.
I had attended a defensive driving class in Jan for a speeding citation last Dec. WIll that class apply for my new citation? Or can I take the class again? I don't want my insurance rates shooting up
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  #4  
Old 07-16-2008, 02:49 AM
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Quote:
Originally Posted by Sh_Sa View Post
I was cited for Failing to yield -entering from Private drive
I was supposed to have yielded to the police car.
Will the case hold if I say the sun was blinding me? Thats the truth really.
I will be honest n say the sun blinded me n I couldnt see the Police car coming. Will the judge dismiss the case since I am guilty of the citation but it was a genuine mistake.
I had attended a defensive driving class in Jan for a speeding citation last Dec. WIll that class apply for my new citation? Or can I take the class again? I don't want my insurance rates shooting up
So, you decided to pull on to the road while you were BLINDED by the sun. By doing so, you COULD have caused an accident. In fact, you failed to yield to the police officer.
What was your defense?
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  #5  
Old 07-16-2008, 10:58 AM
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blinding sun is not a proper defense.

on a side note when i was married to my exhusband he pulled out across traffic to go left and the sun was very blinding, he was hit broad sided by an SUV going around 60. it was clear that it was my husbands fault even though the sun was blinding him, we never contested and neither did our insurance. luckily no one was seriously hurt or killed although both vehicles were totaled. you can not enter until you are SURE it is clear, if you are "blinded" for any reason then you should wait.
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  #6  
Old 07-16-2008, 08:40 PM
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Join Date: Aug 2007
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Lightbulb

What is the Vehicle Code # you were cited for?
Some lawyers will give a one time consultation for no fee or a moderate one($50.00?)
A local lawyer should be able to advise you on why your licence was retained by the officer and you were told that you could
drive without it.???
In failure to yield if the other driver
didn't have to brake sharply,
swerve to avoid an accident
increased speed suddenly
was going at a speed faster than the usual
it is questionable that a failure to yield has occurred

Best Regards,
Hey There
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  #7  
Old 07-17-2008, 10:56 AM
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when you get a ticket in IL they take your license and you drive on the ticket. its weird. and it causes problems when you need to fly or something and your court date is a ways off, you have no picture id!
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