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Tina, Attorney
Category: Traffic Law
Satisfied Customers: 33167
Experience:  JD, 17 year experience including traffic law.
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Can you get a ticket for failure to yield if you are STOPPED

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Can you get a ticket for failure to yield if you are STOPPED at an intersection? This intersection was a city road and a U.S. four-lane highway. Stopped at the intersection to make a left turn onto the highway - view restricted by trees & bushes to the left so had to pull in front of the stop sign in order to see traffic coming from the left. My car was not moving. The bumper may have been on the edge of the shoulder. I looked right and the traffic was clear. As I was turning my head left to check traffic coming from the left, before I could fully turn my head, I was hit by an SUV which ripped off my front bumper. I was issued a ticket for 'failure to yield' - restricted hwy. (I think he meant to say restricted view). My personal feeling is that the other driver was texting and not paying attention and her vehicle was driving on the shoulder when she hit me. She traveled at least 30-40 yards before stopping her vehicle. The officer noted the trees and bushes were restricting the view of traffic and said they should be removed. Should I have received a ticket for a moving violation when I was not moving?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Did the other driver have a green light when you were attempting to turn?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.

There was not lights at the intersection.

I see. Did you have a stop sign and the other driver did not? Please clarify what traffic control signs were at the intersection. Thank you.

Customer: replied 4 years ago.

I had a stop sign the other driver did not. She was on the highway.

The road I was on was a hill and you looked up to the highway. On the left corner of the intersection there was a group of trees and bushes which restricted the view of traffic coming from the left.

I see. Thank you so much for clarifying that for me, Rose.

The short answer to your question is "yes" you can typically be cited with a moving violation even though you are stopped at the time of the accident. A moving violation is typically issued where a driver who is operating a vehicle violates some law or rule of the road. The key is that the driver must normally be "operating a vehicle". Even though you were stopped at the time, you were still operating a vehicle, so it would normally be appropriate to receive a moving violation even though you were stopped since the driver without the stop sign did have the right of way.

However, you may wish to plead not guilty to the citation and appear at the court hearing to challenge the citation. Since it appears you took all reasonable precautions to avoid a collision under the circumstances, there would typically be grounds to argue that the "cause" of the accident was the trees and bushes, which the highway authority should remove or trim to avoid future accidents.

While such a citation can be issued under these circumstances, there would normally be a basis to challenge the citation in court.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


Customer: replied 4 years ago.

My grandson came to the site of the accident and took pictures of where my car was when hit, a picture of the bushes & trees, and while there another vehicle approached the same intersection and the picture shows how far up past the stop sign they had to go in order to see to make a left turn. The officer noted that the view was restricted for me. He stated that on the citation. Should I take those pictures with me to court? Pictures also show on the street that there are no skid marks to show that she even tried to slow down or stop before hitting me. I can't prove it, of course, but my intuition tells me she was texting and not paying attention to where she was driving. We drove the same highway later at that intersection and there is no way if she was looking where she was going that she would not have seen me siting there.

Hello again, Rose.

Yes, I would take those photographs to court with you as they can aid the court in determining you were not at fault. The fact that the other driver had the right of way is a critical point to remember, but if she did fail to safely operate her vehicle, that would also work in your favor in potentially getting the case dismissed.

Customer: replied 4 years ago.

Thank you. I wrongly stated earlier what the citation said. At a closer look, the citation says: "Failure to yield right of way". It was so hard to read that when the officer noted and said that the bushes restricted the view, I thought that's what he wrote on the ticket. I'll take the pictures with me. Would it help if I called the City Attorney's office and asked to speak to him first before the court appearance?

I see. Sure, if you can get in touch with the prosecutor, they may be willing to reduce the charge if not dismiss the case once they understand the situation. Good luck to you!
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