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

Asked almost 3 years ago - 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)

  1. 4

    Lawyers agree

    Answered . 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... more
  2. 3

    Lawyers agree

    Answered . 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.

  3. 2

    Lawyers agree

    Answered . 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

Related Topics

Traffic tickets

A traffic ticket is issued for moving or non-moving vehicle violations. Potential consequences include fines, license penalties, traffic school, or jail.

Tickets for failure to yield

A failure to yield ticket is given for not yielding to other vehicles at a yield sign, for not yielding when merging, or for running a yellow light.

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