my daughter was given a ticket for "failure to yield". She had started to make a left hand turn when she saw a motorcycle approaching, She jammed on the brakes, stopped, and the motorcyclist dumped his bike. She was still in what would be called the "shoulder of the road", on the inside of the white line when the motorcycle slide into her stopped car. The cyclist , age 76, broke his arm in two places. He, according to witnesses, had just passed a car when he saw my daughter about to make a left. After the accident, cars were able to go by the accident without encroaching on the opposite lane. My daughter's car did not impede traffic. Had the cyclist not "dumped his bike", he would have driven by my daughter's car without incident. Despite the fact her car was stopped, and the motorcycle's front tire eventually hit her front left tire with little damage, she is being charged with "failure to yield". we want to plead "not guilty".
Optional Information: State/Country of Question: New Jersey Already Tried: we have plead "not guilty" to the traffic offense
Hello -Thanks for contacting JustAnswer.I understand you want to plead not guilty. Is there a specific legal question I can help you with?Thanks and hang in there,Michael
Yes, do I have a viable position to plead "not guilty"? Or, since the officer told my daughter, that because she was "in the intersection" he had to issue a "failure to yield" summons
Thanks for your response.Could you tell me the statute number under which the charge was given?
39.4-144 Failure to yield or stop ROW When the cyclist bike hit her car, she was stopped in the shoulder of the road
Thanks.First, being a defense attorney, let me stress the ultimate tenet of our legal system - innocent until proven guilty. If you do not think that your daughter committed the infraction, she should fight it.That being said, you certainly have a case, but I'm not sure if you will win. The police officer gave your daughter a ticket because the cyclist felt like he had to dump his bike in order to not hit her, meaning that your daugher did not observe the right of way.Your daughter's argument is that she was not obstructing the cyclist's path, and therefore did not fail to yield to anyone, because she did not have a duty to yield.It will be up to the Judge to decide who he believes. That will come down to the strength of the testimony on both sides. You also could hope for the officer simply not to show up - which is what happens often in cases of this "magnitude" :)Good luck and I wish you the best.If my answer was helpful, please click ACCEPT so i may be compensated for my time. If you are not satisfied with the Answer, please feel free not to Accept, and post a follow up question so I may be able to clarify my Answer. My goal is to provide an outstanding Answer, so give me a chance.Regards,Michael
Experience: Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense