What can I do if I received a ticket for failure to yield when I clearly had the right of way?

Asked almost 2 years ago - Winslow, AZ

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I was in an accident at an unmarked intersection in Arizona. Arizona Revised Statutes state that if two vehicles arrive at an unmarked intersection "at or about the same time", the vehicle on the right has the right of way. I hit the brakes going into the intersection, the other vehicle did not hesitate or otherwise attempt to avoid the accident. There was a witness to the accident who told the Police what happened. In the police report, it stated that I was cited for failure to yield the right of way, but a citation was never issued. After I pointed this out to my insurance company in a written statement, I received a copy of a ticket, along with a summons to appear at court. The citation was written months after the accident, citing me as was stated in the initial police report.

Attorney answers (3)

  1. Contributor Level 16

    Answered August 18, 2011 11:15. If I could review the police report, I could provide you more information.

    Please feel free to fax it to me if you have it (no charge for this)

    602-494-3320

  2. Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered August 18, 2011 12:34. Get a local traffic court lawyer to defend you in court.

    Click on name or picture to see profile page.
  3. Contributor Level 20

    Answered August 18, 2011 12:31. You and your witness should appear in court and contest the ticket. You may have to subpoena your witness.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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