Legal Question in Traffic Law in Virginia

accident charged failure to yield

I was turning left from a residential road onto a more busy road located at bottom of mountain. Stopped fully, waited for 3 sets of cars to clear before turning left. Was completely into the lane of traffic and proceeding forward when I was struck in the rear of my car by a car I had not seen at all while waiting to turn. Other driver claimed he was going right around the speed limit and braked before hitting me. I did not hear the sound of brakes and did not see him in rear view mirror until I was struck. Cop charged me with failure to yield claiming that it was ''the lowest charge he could write'' and that I could contest in court. Other driver was found with weed in the car after accident. Any suggestions for beating this charge in court? I am planning on photographing the road to document no skid marks in the light of day tomorrow.


Asked on 11/05/08, 11:04 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: accident charged failure to yield

Well, when you conferred with the other driver after the accident did he exhibit any symptoms of possibly being under the influence of the THC (marijuana)? Was he given a field sobriety test by the investigating officer, and, if so, with what result? And, if not, why not?

Answers to the above could possibly be important if you decide, as the officer suggested, to contest the matter in court.

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Answered on 11/05/08, 11:29 pm


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