Officer: Failed to Yield to oncomming traffic.

[silentblackhat]

I was cited today in Overland Park Kansas saying "Failed to yield to oncomming traffic". I was in the turn lane turning left, the aarow turned yellow as i crossed the line entering the intersection. As i just got out of the intersection it turned solid green and the cop turn her lights on and pulled me over. she said that i failed to yield for the oncomming traffic because it turned green. well i was out of the intersection but she said that cars started to move when i was in the intersection. Keeping in mind the light was yellow the whole time i was in it. I know she saw the cars moving because whenever the turning aarows turn yellow ppl start to move but not actually go. Also there is a 2.5 second delay for when the aarow goes away and turns into solid green(meaning u have to yield) so even if i was barely in the intersection while it just turned green there was no oncomming traffic because their light stays red for that long. But the thing is, it was yellow the whole time i was in there. Also the cop that stopped me was in a different lane and couldnt have seen every single thing to be 100% sure. I know i am sure of what happened because i was the one that was driving through while the light was yellow the whole time.

Am I able to contest this in court? If I am will I probably win or lose? I talked to an officer tonight and he said somethin about talking to the prosecutor and see what they want to do about this b4 the court date.

Any info would be helpful

 

[Shay-Pari'e]

When did Yellow lights turn to green? I was brought up and learned, that when the light was yellow, RED was next.

 

[JETX]

Am I able to contest this in court?

Of course you can.

If I am will I probably win or lose?

Unless you can provide some proof (other witness, etc.) to support your version, you will likely lose.

I talked to an officer tonight and he said somethin about talking to the prosecutor and see what they want to do about this b4 the court date.

You can certainly try to talk with the prosecutor about pleading guilty to a lesser offense but, in my opinion, highly unlikely. These types of cases are usually your version (biased) against the officers (presumed, unbiased).... making them fairly simple.

 

[silentblackhat]

alright, im goin out tonight to gather the evidence that i think will help me win. i also have a 100% clean driving record so far so that might help also. Ill think of some other things to show that im not a bad driver.

 

[silentblackhat]

When did Yellow lights turn to green? I was brought up and learned, that when the light was yellow, RED was next.

It was in a turn lane...it was an aarow that turned yellow as i crossed into the intersection so it was the yellow aarow with a solid green light under it

 

[marbol]

I can't see how this one fits the glove of "unless you have witnesses then you'll probably loose" mold.

Can the state of Kansas simply make up laws and apply them how an officer wants? If so, then I can see how the defendent can loose - but if that's the case, the officer can simply say "wreckless driving" and be done with it.

I don't know about Kansas but moving through an intersection when a light is green is NOT a violation even if a cop says it is. If you turn left and no one hits you in Texas and you've got a green light, then it's presumably safe to do so as long as the persons traveling straight did not have to avoid you.

If you loose, appeal it and get some lawyer to help you and create some case law.

 

[poohmantbb]

Marbol,
Before you post another thing, go to a dictionary and compared these two words:

1. Loose
2. Lose

 

[silentblackhat]

I don't know about Kansas but moving through an intersection when a light is green is NOT a violation even if a cop says it is. If you turn left and no one hits you in Texas and you've got a green light, then it's presumably safe to do so as long as the persons traveling straight did not have to avoid you.

If you loose, appeal it and get some lawyer to help you and create some case law.

thats what im saying, except i still had the 100% right of way no matter what when i was in it...but if i went with the officers story of me not yielding to the other traffic, i still had a 3 second delay that there was no traffic so if i went with their story theres was no oncomming traffic because they still had the red light. to disprove the officer that said that the other vehicles were moving, i got on video tonight a few minutes of footage that as the lights turn from yellow to the solid green(on the other side) the cars start moving even tho they still have a red light(that delay time) so the officer was wrong in sayin that i went when they had a green light.

Also what im saying is on that part is that when i do have the green light and there is oncomming traffic, the officer couldnt stop me for this same thing unless someone hits me and it being my fault since they had the right of way. I 1.) didnt hit anyone and 2.) i still had a green light when the others had a red light...thats all IF i went with the officers story but i know that she was wrong about the light color anyways.

 

[CarrieT]

When did Yellow lights turn to green? I was brought up and learned, that when the light was yellow, RED was next.

unless you are in Europe where the lights go from green to yellow to red to yellow to green to **************...

 

[RedemptionMan]

Wow. what these people fail to realize who post this crap is where do they think they live. Here is a little stastical information for you. Something like 2.2 million people in the united states are in prison (state, federal, local). 1/3 of them are in there for crimes they did not commit. The criminal justice system especially cops do not make a distinction between you breaking the law with traffic offenses or criminal behavior. They label you the same. You have a loser case especially when a police officer will testify underoath that you did those things. I hate to say it but unless you have a 360 degree camera that shows every angle with two witnesses (with no criminal background to testify) that completely shows you not doing what you are charged with then you got a WINNER!!!!!!!!!!

 

[silentblackhat]

the thing is that i can create reasonable doubt by showing that when she said that cars were comming the other way, they were rollnig their cars because of the yellow light. tonight i took video of a LOT of people doin the same thing at the same stoplight. They would roll their car because they saw that there was the yellow light showing and their side was about to be green....BUT them not realizing that the delay of their red light was so long, if you didnt know their side was red, you would have thought that they were green.

I did not hit anyone so there was no fault of yielding to the other traffic. Wheh someone has the solid green and see that there is traffic comming, that is more dangerous than what the cop charged me with.

I know the cop will testify under oath but I will also. I have a 100% clean driving record and no criminal background also. This may not help much but it will give me more credibility. There is always the chance that the cop wont show up for the court date also. I know someone that their brother has gotten 20+ speeding tickets and the cop hadnt shown up once

i am going to go talk to the prosecutor at the court house tomorrow and see what they will say to me also. if all else fails i have a lawyer thing through my emoloyment that can turn it into parkin tickets. i think its BS but ill have to do that if i dont want any moving violation tickets. I have a few things to also point out but i will get to those later when I get all ofmy stuff together.

I will also talk with the lawyer to ask them if this is winable in court if i take it to court on the court date.

 

[justalayman]

I hate to tell you this silent but reasonable doubt is not the standard applied here. This is a civil infraction you are dealing with. A preponderance of the evidence is all the court will require.

Not that I'm against you. If the opposing cars did not have to wait for you let alone no need to avoid you, then it would seem you to be correct. Good luck and if you have not seen seniorjudges list of do's and don't's in the courtroom you might want to search them out here on the forum and take a gander.

 

[silentblackhat]

alright, so when u say the court will require preponderance of evidence you mean that they will need alot of evidence?Do you think that some/any of what i have said that iv seen will help at all?

ill search the forums for the list of the dos and donts. hopefully i can talk to the lawyer also and see what they say. I know you arent against me, and i appreciate some of the advice u have given me....im just trying to figure out how to defend my clean driving record in the best way i can

i cant seem to find the list of dos and donts that you are talkin about, can anyone link me?

 

[silentblackhat]

im going to talk to the prosecutor today and if nothin happens there then i relize im no legal expert so ill have this lawyer service turn them into parking tickets....i know its bullcrap because i know i didnt run any light or anything else but if i take it to court and i loose, it will b on my driving record and i cant have that happen. Unless anyone else can thin kof anythin i could do?

I know if I have to pay anything that on my bumper whenever im in that city im putting a bumpersticker that i can make that says "Officer *Name* Ripped me off"....i cant get pulled over with that, can I? I know the police would get pissed off at that but i have no problem with driving. I have even had cops follow me around because theres been no one around and i never get nervous when they are around me, i just laugh at them. anyways thanks for all the help you all have given me

 

[JETX]

Something like 2.2 million people in the united states are in prison (state, federal, local). 1/3 of them are in there for crimes they did not commit.

Hey, rainman... where the hell did you make that up from??? More of your made up stuff??