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How to argue by Written Declaration in defense of Failure to Yield ticket in California when I feel the ticket was unwarranted?

Santa Clara, CA |

I am from Alaska with an excellent driving record, and was in CA when I was cited for "failure to yield at yield sign for approaching vehicles." I was westbound on a two-way street, and the citing officer was eastbound (non-emergency) on the same street. We were both turning onto the same ramp to I-880 NB. As I turned right, I had a yield sign on the island to my left, but I was ahead of him and noticed that he was still turning and so I proceeded forward merging ahead of him in a manner I felt was safe. He felt I should have waited for him, and cited me for failure to yield. In no way did I intentionally fail to yield, and with no accident and no witnesses, I feel the citation is unwarranted and possibly initiated because I did not give him the extra measure of distance he's used to.

Attorney Answers 3

Posted

No one is going to tell you how to argue your ticket - that's up to you. If you're in doubt about how to do it, hire an attorney to represent your interests in CA. I represent clients in traffic matters in Santa Clara - feel free to contact me to discuss your situation.

Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.

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Posted

If you believe you were in the right the tell the truth. Be sure to use estimations of time and distance to try to establish why you didn't need to yield. But I agree with Mr. Feasel an attorney will give you the best chance to beat this ticket. If it comes down to your version against the officer's it will be a tough case to win.

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Posted

I agree with my colleagues. You should get an attorney to handle this matter for you. No one can tell you what to say in a TBD. An attorney can appear for you at arraignment and trial.

Andrew Roberts

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