Traffic Ticket

My daughter is 16 and just received her license. She was stopped
at a stop sign, and the cross street had no sign. She yielded the
RoW and started creeping out to check traffic. Another car came
very fast and hit the front of her car, causing a dent to his car, no damage to hers. The visual on the street was poor, with overgrown trees and it was a blind spot he came out of. She was
issued a ticket for failing to yield the right of way, 2 points off on
her license, and a $70 fine. What I am wondering, is it possible for her to fight this ticket and win? The officer was not even present when the accident happened, and there were no witnesses. The kid who hit her has totaled at least 3 cars, and is known for being a wild driver. Can we use this info in court if we contest? Would poloroid pictures of the intersection help?

[JETX]

Sorry, but based on your post, it is my opinion that any protest of this action would be unsuccessful.

The driver at a stop sign has the ultimate responsibility to verify that the intersection and cross-street are clear BEFORE "creeping out to check traffic".

Since she just started to drive and has already got one ticket and two points, consider when going to court to ask if they have a season pass rather than paying for each ticket individually.

Seriously, most courts just want the $70 plus court costs. Ask the judge if you can plea guilty to a lesser charge with no points.

Photo's might help, and the other driver's record might help with the judge making a deal with no points. (I'm not a lawyer, but i have many friends who are.)

However, the chances are SLIM to get no points without a lawyer to represent you in court.

As the lawyer said, from your details, she failed to yield and is guilty. It's her responsibility to yield, and if she can't clear the intersection before getting hit, then it's her fault, even if no officer was there. They can investigate the scene and assign a ticket for a judge to decide.

I bought a membership in a legal plan over 17 years ago that helped keep the points off my license, even though I still in most cases had to pay court costs and fines.

Most plans do NOT pay to have a lawyer appear in court for you for moving violations and some have restrictions like the driver being licensed, and not hit and run, not being DUI or joyriding, etc.

The plan really paid off when I had three teenagers of driving ages.

You are lucky that no one was hurt or killed. Insurance companies will NOT pay one penny for defense of criminal charges, and that defense can run you MANY thousands. That's an important gap to plug.

Let us know how court goes.