A jeep hit my right rear door, RR quarter panel and RR wheel and suspension as I was heading south making a left turn on four lane road with 25 mph speed limit.. The damage is extensive because of the impact of the speeding Jeep heading North. There were no skid marks on the road and the on coming jeep was on the right lane of the divided road . There were no traffic lights.) Police gives me a ticket - according to him "Failure to yeild on left turn" in Virginia is an is offence irrespective of the speed of the oncoming traffic. There were no bodily injury to either party. There was minor damage to the front of the jeep.What are my chances at the court.????
Handed it over to my Insurance. The driver of the Jeep was a female and perhaps 3/4 months pregnant. I also believe that she does not know that the speed limit was 25 mph.( The road is a recent extension of an existing road beside shopping areas.
Good afternoon,I'm very sorry to hear of your situation.While you may use the speed of the Jeep in defending against a claim for property damage or injury in a civil case, if one is filed against you---such a defense is of no significance in a traffic court.I'm very sorry, but based simply on the fact that you were making a left turn when struck by a vehicle coming in the opposite direction, there is almost a certainty that you will be convicted of the moving violation of you plead not guilty.And, as a guilty plea or a conviction in the matter will mean that there is a presumption in any subsequent civil case that you were negligent---if you are going to plea to the charge---consider entering a plea of No Contest. While the state will count it as a conviction on your driving record, the other part can not use the conviction in a civil court in an effort to prove you at fault in the accident.I wish you the best in 2012.I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.You may reply back to me using the Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me. Kindly take a moment to rate my service to you based on the understanding of the law I provided. I have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.Thank you,Doug
I also believe that the driver was talking on her cell phone. Does this matter ? Also how does one plead NO Contest ? Do I have to appear at the court an plead no contest / OR do I Avoid going to the court by " Pretrial Waiver and make prepayment ?
Good afternoon,I also believe that the driver was talking on her cell phone. Does this matter ? It matters a lot for any later civil lawsuit filed against you---but not a bit for the moving violation itself.'The other driver could have been unlicensed, underage, and drunk off her keester---and the citation would still likely be upheld by the judge.When you are read the charge at court---and you will have to go to court to enter a plea of no contest---the judge will ask you how you plead to the charge---then yo simply tell the judge you plead No Contest. A waiver and fine will result in a conviction---not a no-contest entry.You may reply back to me again, using the Reply to Expert link, if you have additional questions.Would you please rate me highly now, based on my assistance to you in understanding the law.I wish you the best in 2012,Doug
Doug, one more question!
That is much easier said than done. You should immediately contact the traffic court clerk's office and ask if they will continue the hearing because you will be out of state. This is not always a sure bet and you may not have a choice but to postpone your travel and attend the hearing---sorry.You may reply back to me again, using the Reply to Expert link, if you have additional questions.Would you please rate me highly now, based on my assistance to you in understanding the law.I wish you the best in 2012,Doug
I have more than 25 years experience in the practice of law, including representation of clients in Traffic Court.
, Thank you
Thank you, Thank you
My pleasure. Have a great week! If you have any new questions in the future, please feel free to ask for me by name in the question and I should be able to assist you.Doug
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