A Little OT-FTY ?
Hi all, not my usual haunt but thought with all these prolific drivers, someone might know the answer to this. Is "failure to yield" prosecutable, that is can a conviction be gotten, if there is no accident, no skid marks, no swerving of cars, nothing except one car coming up quickly behind another that is entering the way?
I know the laws are different in each state, but in general do prosecutors and courts go for this? This state law says the yielding driver must slow to a reasonable speed (this one was stopped) and only proceed when there is no immediate hazard. It also includes the line about a collision being prima facie evidence of failure to yield.
Yes, of course, the car coming up quickly behind--a very young, apparently excitable state trooper. I admire these guys and am ever grateful for their protection and service, but this incident felt more like road rage than anything else....
Anyway, I was entering from the middle way of three entrances to the same street, all within a few feet of each other and at a sharp angle to the intersecting road. The trooper was coming into town from a 45 mph highway with reduced speeds to 35 and 25 before our intersection. There is only about a 200 to 250-foot line of sight in his direction. It was night, dry pavement. I stopped, pulled forward for better sight, looked up my neighboring street, the oncoming lane, then the far lane which I would be pulling into, then up the oncoming lane again and pulled out. Mind you, I was in a 99 Legacy wagon, so I wasn't gunning across the lanes trying to cut anyone off. Glancing back in the rv mirror, I see headlights come in fast on my bumper and stay there, glued, so closely I could not see the top of his car--I thought it was truck back there--for the next hundred feet or so to a stop sign. We stopped, I signaled and turned, he followed, I worried about a road rage thing, he pulled me over. At that point, he started yelling questions at me but yelled and talked over my answers. As he handed me the ticket, he yelled "If I had hit you, I'd be really pxxxed!!" and stomped off.
The big problem with this is that I (deservingly) got a speeding ticket recently. Dismissal is conditional on not having any offenses in the next six months. I'm 48 and never got any tickets, let alone any convictions in 32 years. Now, two in two months. If I fight this one, I will most likely be seen by the same judge. I see no point in going through that embarassment if it is just going to be he said/she said with the benefit of the doubt going to the trooper. But if another dismissal is in the offing because there was no negative result--no collision, etc.--then it would be worth trying.
Believe me when I say I am driving bang on the limit and driving way defensively in all situations.