Legal Question in Traffic Law in Colorado

Failure to yield

I was t-boned crossing an intersection during a blizzard. The car that hit me was speeding on the wrong side of the road, had not cleaned the snow off the car, had no headlights on, had no license tags on the car, had no driver's license and no insurance.

My car was totalled and I was taken to the hosipital for observation. I was given a citation for ''failure to yield'' which was passed through thre separate personnel at the hosipital.

There was no police officer at the scene, there was no evidence of site of accident and at the hearing the officer could offer no proof of what caused the accident. I did not speak with an officer, but he prepared the accident report. I filed my personal accident report.

In Court I was found gulty as charged for failure to yield.

My question, How could I possibly have avoided this accident??? The other driver should NEVER have been on the road as he has not had a drivers license since March of

2001.

Thank you for any information you can offer. I would like to appeal, but what grounds would I have?

Thank you.


Asked on 5/22/03, 9:01 am

1 Answer from Attorneys

Stephen Anderson Anderson & Carnahan

Re: Failure to yield

Persons can be found guilty if they do not present an adequate defense, contact a criminal appellate attorney to discuss possible appeal.

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Answered on 5/28/03, 12:47 pm


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