Q: Do I have ground to stand on in fighting a failure to yield ticket?
My wife was turning onto the highway from a side road. The other vehicle had his blinker on to turn on that road and was slowing down and starting to turn. My wife pulled out. The man realized he was at the wrong road, turned off his blinker, and turn back into the road, striking my wife. The state patrol ticketed her for failure to yield. How is that not the other guys fault?
A:
First of all, it is very likely that the other driver gave a very different story. It therefore becomes a question of "They said" vs "They said." It sounds like your wife was either at a stop sign or otherwise had to yield, so the office wrote her for that violation without trying to sort out the more specific circumstances. At worst they passed the question to the court to sort out.
There are many things that have to be properly done for a ticket to hold up in court. You should speak with a traffic lawyer who works your wife's court, as they spend every day looking to challenge tickets. Most will offer a free consultation to go over the case, have some idea o the likelihood of success, and be able to give you a quote for their services.
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