My questions involve a traffic ticket from the state of: Washington. I was t-boned while starting to make a left turn from apartment parking lot and cited for failure to yield under RCW 46.61.205 Vehicle entering highway from private road or driveway. This seems obvious on the surface except that I had stopped angled across the outside (slow) lane when I saw the approaching car in the inside (fast) lane as he sped past an approaching car in the outside lane. The driver of the car he passed estimated that the speeding car was doing 70 in the 40 mph zone. The driver of the speeding car then swerved into the slow lane thinking he would pass behind me as I continued my turn. Since I had stopped, he hit my SUV dead-center in outside lane at 45-50 mph. Since I was angled, the impact spun my SUV in a full circle. Both cars were totaled but, fortunately, there were no fatalities. The speeding driver was cited for excessive speed for the conditions under 46.61.400 Basic rule and maximum limits. It was daylight, 30 degrees, and snowing with wet roads. No officers witnessed the accident but took statements for witnesses and drivers. Note: Every other approaching car stopped well in advance of the accident site.
- Why wouldn't the officer have cited the speeding driver for reckless driving (46.61.465 Exceeding speed limit evidence of reckless driving) and unsafe lane change (RCW 46.61.140 Driving on roadways laned for traffic)?
- By stopping in the outside (slow) lane, I left the inside (fast) lane open for the approaching speeding car. Since that was the lane that the approaching car was in when he became visible to me, does that constitute "yielding" and was the ticket therefore wrongfully issued to me.
- RCW 46.61.205 Vehicle entering highway from private road or driveway states that entering vehicles have to yield to vehicles approaching lawfully. The driver of the speeding car was cited for 46.61.400 Basic rule and maximum limits and witness written/verbal statements provided to the police provide evidence of reckless driving and unsafe lane change. Do these infractions constitute "unlawful" such that RCW 46.61.205 was not applicable in this case and the ticket therefore wrongfully issued to me?
- The officer included verbal statements from the drivers and witnesses in the accident report that include information that was not in the written witness statements (I can't get the driver statements). This report information further supports the 70 mph speed and unsafe lane change of the other car. I understand that the report, other than the officer's direct observations, is hearsay so I've subpoenaed the reporting officer to state directly what the drivers and witnesses told him and that ended up in the report.
I provided my position that the ticket was wrongfully issued to the police captain - that I yielded and that RCW 46.61.205 is not applicable - but he said the officer still felt I contributed to the accident and so he, the captain, wasn't going to ask the prosecutor's office to void the ticket. So it's off to court. Is all this going to work in court? What else do I need to do? Thanks
- Why wouldn't the officer have cited the speeding driver for reckless driving (46.61.465 Exceeding speed limit evidence of reckless driving) and unsafe lane change (RCW 46.61.140 Driving on roadways laned for traffic)?
- By stopping in the outside (slow) lane, I left the inside (fast) lane open for the approaching speeding car. Since that was the lane that the approaching car was in when he became visible to me, does that constitute "yielding" and was the ticket therefore wrongfully issued to me.
- RCW 46.61.205 Vehicle entering highway from private road or driveway states that entering vehicles have to yield to vehicles approaching lawfully. The driver of the speeding car was cited for 46.61.400 Basic rule and maximum limits and witness written/verbal statements provided to the police provide evidence of reckless driving and unsafe lane change. Do these infractions constitute "unlawful" such that RCW 46.61.205 was not applicable in this case and the ticket therefore wrongfully issued to me?
- The officer included verbal statements from the drivers and witnesses in the accident report that include information that was not in the written witness statements (I can't get the driver statements). This report information further supports the 70 mph speed and unsafe lane change of the other car. I understand that the report, other than the officer's direct observations, is hearsay so I've subpoenaed the reporting officer to state directly what the drivers and witnesses told him and that ended up in the report.
I provided my position that the ticket was wrongfully issued to the police captain - that I yielded and that RCW 46.61.205 is not applicable - but he said the officer still felt I contributed to the accident and so he, the captain, wasn't going to ask the prosecutor's office to void the ticket. So it's off to court. Is all this going to work in court? What else do I need to do? Thanks
Other Violations: Entering a Road from a Parking Lot
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