mercredi 10 janvier 2018

Failure to Yield: T-Intersection Failure to Yield in Wa

My question involves a traffic ticket in the state of Washington.

I would like to know how to proceed and if there is any defense for the following situation. I thank you in advance for you thoughts and advice.

I was at a stop sign of a T-intersection facing west intending to enter a state route highway (speed 50 mph) by making a left turn across northbound traffic to head south. Southbound traffic was bumper to bumper for miles and miles in both directions due to an accident. The southbound traffic was kindly allowing cars at the stop sign to enter into the gridlock by allowing a gap to form for a single car to pull out and slot into at a rate of every other car. When it came my turn, I looked to the south for any traffic and then proceeded across the northbound lane to slot into the gap which had been created for me. The car I was to slot in behind stopped sooner than I had expected leaving me exposed to the northbound traffic for approximately 5 seconds or so. As I focused on getting into my slot and not hitting the rear bumper of the car I was to slot in behind, I was struck by another vehicle at my left rear wheel. After the vehicles came to rest, I extracted myself and sat off to the side of the road with an injury. While being treated for my injury on the side of the road by medics, a state trooper took my license, registration and insurance information. He also took down my terse account of what happened, "I made a left and was struck." The trooper gave me a copy of the information sheet which had the pertinent information of the other driver involved in the accident. Both the other driver and myself were injured and taken to the hospital.

A week later I checked my PO Box to find a citation from the trooper for RCW 46.61.185 - Vehicle Turning Left
Quote:

The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.
The citation says that it was served on the violator, but this is not true as it was mailed to me and postmarked 4 days after the incident. I checked the box to contest and this is where I'm presently at in the process. I am wondering if I should pursue this any further?

  1. Contest myself by requesting Discovery, Subpoena the trooper, etc. Making a claim that it was reasonably safe when I made the decision to cross traffic, but was momentarily impeded by the car I was to get behind. An unexpected situation. Hopefully win and pay nothing ($0).
  2. Contest with a lawyer. Pay lawyer costs if I win ($280); only the fine if I lose ($187).
  3. Mitigate in writing by admitting fault but making a similar claim above with the hopes of lowering the fine (<= $187).
  4. Admit guilt and pay full fine ($187).


No possibility for a deferral since I have a ticket from 3 years ago which I used my one-time deferral on.


Failure to Yield: T-Intersection Failure to Yield in Wa

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