If I was charged with failing to yield right of way, what are the odds of winning in court?
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If I was charged with failing to yield right of way, what are the odds of winning in court?
The DMV driving manual says drivers should stop on yellow. All of the other cars approaching the intersection stopped. I say the light was red an outside witness claimed the light was yellow when I started my turn. Am I responsible for this accident. The other driver is 70+ years old and her explanation of the accident was she was going with the flow of traffic.
Asked on October 17, 2011 under Accident Law, South Carolina
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
From the explanantion that you have given for the accident and the cititation you received for failing to yield to the right of way, the chances of you prevailing at court are fifty-fifty assuming the citing officer attends the hearing.
If the citing officer fails to attend the hearing concerning the citation you received, you will prevail in the charges against you in that the prosecution bears the burden of proof by beyond a reasonable doubt.
Another factor is what the other witnesses at the hearing will testify as to favorable or disfavorable testimony concerning the issue that you are writing about. I suggest that if you plan on contesting the citation, be well prepared and have all your witnesses ready to testify as to what they saw.
Good luck.
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