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I have been charged with a row violation, failing to yield to oncoming traffic while exiting from a grocery story parking lot.

Missoula, MT |

I was leaving a parking lot and had come to a complete stop before entering a two lane road .
I was making a right hand turn and the vehicle that hit me was in the far left hand lane giving no indication that he was going to cross over into my lane. I turned thinking he was going to stay within his lane and was hit by his trailer. He could have missed me if we had only been ten seconds farther in front of me. Can I have my ticket discharged. I also do not know if the other driver was given a citation. That driver became very defensive towards me and coped an attitude with the traffic cop, who in turn said that, "he should have looked before crossing the lane."

Attorney Answers 3

Posted

Your question depends on the facts and how the County or City attorney intends to handle your matter. You could also file a pretrial motion to dismiss to try to get the court to dismiss the action against you, if the prosecutor does not dismiss.

This is not meant to be legal advice but only a general response to a general question. Legal advice requires more attention to details and circumstances to be accurate and reliable. Do not rely on this response as legal advice. If you want legal advice about your matter, you must set up a consultation with this attorney by calling (406)756-911.

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Posted

The answer to your question is, yes, your charges can be dismissed. How you go about doing that is hiring a good criminal defense attorney in your area. They will have to show the prosecutor why the charges should be dismissed. It will be an investment of money to hire a good criminal defense attorney, but that is what it takes to get a good result.

licensed attorney in Montana. Your specific state laws may be different.

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Posted

You also have the option of going to trial on the matter. Or, pay the fine and move on, but that may open you to civil liability for damages. A lawyer would provide you with the full range of options, and likely outcomes, but as attorney Judnick states, you will have to pay for that.

DISCLAIMER: The forgoing comment is for general educational purposes only, and is not legal advice upon which the reader may rely as the commenter has no actual knowledge of the facts of the case, has not interviewed persons or examined evidence, and has not researched the applicable law. The comment is based only on the facts provided, which are extremely limited, and may or may not be true. Complete defenses may prevent the success of any claim. Competent legal advice should always be obtained before taking any legal action or filing suit. Readers employ any information provided herein at their own risk.

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