Unsafe road condition contributed to my "Failure to Yield" Violation

I was involved in an collision in which I was cited for "failure to yeild" in the city of Davis, California. I was turning left onto a 35 mph street from a business driveway during a busy time of day
(8:10 appx). Vehicles were parked up and down the street on both side of the driveway right up to the driveway making it difficult to see oncoming traffic around the vehicles. By the time you can see whether there is approaching traffic, your about half way into the lane.

The person involved in the collision with me was also speeding. The officer who arrived was sympathic to my situation and even agreed that contributing factors helped cause the accident. He indicated there are numerous accidents on that road. That the vehicles blocking your vision was a problem but that the City would not paint curbs red to the right and left of driveways because it is too much of a maintenance issue. He also stated that he felt the speed limit should be lowered on that road.

I am attempting to fight this ticket based on his comments that the City of Davis knows this road is a hazard but does nothing.

I have a witness who can verify the officers statements also. What are my chances this violation will be dismissed? Court date is 12/13/00.

[This message has been edited by LPalm (edited October 30, 2000).]

[ALawyer]

The issue is DID YOU COMMIT THE VIOLATION?

One possible defense is that you did yield but could not see him coming because of the configuration.

Would have, should have, could have is not reallly a defense. And if the cop was really sympathetic, why did he issue you

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[This message has been edited by ALawyer (edited November 01, 2000).]