Failure to yield right of way

[Jim Haupt]

What is the name of your state? PA.
I was taking a left onto a two lane highway with a posted speed of 45mph. There is a lot of traffic on this roadway. You have to be quick to get on and an officer saw me taking a left and he said the uncomming traffice had to tap there brakes.
It was closer than i would have lked but not as close as he said it was. he also said he had it on tape. i could not see any of it when he tried to show it to me.

[Zigner]

Originally Posted by Jim Haupt

What is the name of your state? PA.
I was taking a left onto a two lane highway with a posted speed of 45mph. There is a lot of traffic on this roadway. You have to be quick to get on and an officer saw me taking a left and he said the uncomming traffice had to tap there brakes.
It was closer than i would have lked but not as close as he said it was. he also said he had it on tape. i could not see any of it when he tried to show it to me.

Congratulations on your ticket. Let us know if you have a question.

[FlyingRon]

Closer than you would have liked is probably way closer than those who had the right of way liked. They shouldn't have to brake if they have the right of way.

[Maestro64]

I am assuming you were written up against this

3322. Vehicle turning left.
The driver of a vehicle intending to turn left within an intersection or into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute a hazard.

It is subjective law, and open to interpretation obviously.

There is case law in PA (Comm v. Samuel) in a similar law "following too close" where the Supreme court upheld that unless the officer can fully justify the hazard it is not a valid stop or citation, grant it this was drug case, but the stop was use to conduct a search of the car, since the traffic ticket was thrown out so was the warrant less search. Anyway, I have seen this case reference in other traffic stops and ticket where the reason for the stop was subjective. Not sure you want to go this route but it gives you the idea that is not clear cut and a good lawyer can use it to get you off.