Is this worth fighting?

[JD_MXRacer]

I want to know if this ticket is worth fighting. So ill give you a picture first.

Theres a four way intersection that i am stopped at, theres a stop sign on my side and the side across, one block to my right on the road im gonna turn onto is a stoplight. It is red and cars are backed up to the road that I am currently on on the side of the road near me heading right. I want to turn left. Because of the cars I cant see the far side of the road that I want to turn onto. A guy comes up and stops with room for me to get through if I want to make my turn, but I dont cuz i still cant see the far side. He then waves me to go like its clear. So I do and I almost hit a car in the far lane but we avoided eachother.

A cop saw the whole thing and then gives me a ticket for "failing to stop or yield at an intersection" even though i was there for atleast a minute. Do you think i could fight and win this case in court? thanks for taking the time to read it

* I forgot to mention this will be my second moving violation. My first was a speeding ticket. If this goes through according to the IL laws "my license will be suspended for a minimum of 1 month depending on the severity of the violations." I dont really want my license gone for somthing stupid like this

 

[jaction125]

Most traffic lawyers will give you an initial consultation for free. What county? I may have a referral for ya.

If your license is in jeopardy, pay the lawyer and make sure it goes the way it needs to.

 

[JD_MXRacer]

It would be in Ogle County.

 

[IndyMX]

I'm not a lawyer, but the failure to yield probably refers to the fact that you almost hit the other car. It's probably just what they have to write.. Not meaning you didn't stop..

As for the other guy waving you thru, better not try to use that as a defense. It won't fly. He's not responsible. You are the only one who can make sure that an intersection you are about to drive into is clear. It's on you.

You can probably fight it, but you may have to base your fight on whether or not the cop could clearly see what was going on.

You really need to talk to a traffic lawyer in your area that's familiar with your local law enforcement.

 

[JD_MXRacer]

That is true. I really didnt think of it like that. And the cop that saw was about 2 blocks down on my side so he probably barely saw the almost collision

 

[IndyMX]

Now, if you only had a witness that could say that.. :(

Cause unfortunately it's his word against yours, and who do you think they'll believe first?

 

[oldguy]

It comes down to not whether you made an initial stop or for how long but that you pulled into the path of a car that had the right of way.the other car had to take evasive action to avoid you and you have the obligation make sure the road is clear before leaving the stopsign. That is the basis for your ticket- whether you want to fight it is your decision.
I always told the drivers how to appear to contest any ticket I issued and they needed to make that decision. Chances are the first appearance you will get a chance to talk to the prosecutor alone and would probably be offered a reduction- not a dismissal

 

[2strokerfun]

I am a lawyer, but in Oklahoma, not Illinois, so this will be general and may not be applicable in your jurisdiction at all.
As pointed out the "stop" part was fine, but it is the "yeild" part you are probably guilty of. Not familiar with any Illinois prosecutors, but you generally have four options: 1) talk to the prosecutor before the hearing date on the ticket or the morning of the hearing. You can often explain your part of the story and ask for a reduction in the offense (if there is anything else they can pin on you that costs less). They will often reduce it if a)they like you and b) there is an applicable lesser offense available. The problem thesedays is that a lot of municipalities have a minimum traffic fine and yours might be there anyway. If so, it might not save you any money, but it's worth a shot.
2)Hire a lawer for a couple of hundred dollars. He/she can talk to the city prosecutor and almost always get a reduction of charge/fine IF there is any reduction to be had. They generally won't simply dismiss these, but there is always a chance a lawyer chummy enough with the prosecutor can get it dismissed. Probably not, but you won't know until you talk to a lawyer. And you need to talk to the right lawyer--one that handles municipal cases on a daily basis and deals with the prosecutor a lot.
3) Plead nolo contendre (no contest), pay the fine and learn a lesson. Never plead "guilty" as that can then be used against you if there is a subsequent tort action filed by the other guy involved in the incident ("Ow, my neck hurts from swerving to avoid a collision; I can't make love anymore because of my anxiety; whaaah whaah whaaaah" [can you tell I'm a civil defense attorney?])
4) Go to court, plead not guilty and get a trial date. You can hope the cop doesn't show up, but that is usually a pipe dream. They often get overtime for court time and almost always show up for hearings. You probably won't win and will pay court cost on top of fine.
My usual advise around here for simple offenses like yours is to talk to the prosecutor yourself as you rarely save money after atty fee, except maybe long term, on insurance costs.
But I can't give advise in Illinois, so check it out.

 

[Rooster]

For crying out loud, if the cops around here wrote tickets for things like that, this state would have a trillion dollar surplus to work with.

 

[BSWIFT]

2strokerfun, post your email in the Heartland Spodes forum. After I see it, I'll delete it. I would like to meet up with you. My nephew is a local Tulsa attorney.
BTW, I've received the exact same advice in the past. Pay it out right, plead nola contender, or talk to the prosecutor. Your costs may be higher if you loose a day of work, pay and attorney, and court costs. Also talk to your insurance agent to see how the ticket will effect your rates.
Brian

 

[oldguy]

I didn't have time to give you the example I often used when writing this type of ticket-
All to often at accidents the driver that pulled out from the stop sign and got T-Boned used the excuse the other guy was going way overr the speed limit. I then would ask "how do you know he was speeding?" Well I saw him and he was flying I would then say "Why if you saw him and he was flying did you pull out in front of him? You have to make sure it is safe for you before you pull out you didn't yield"

 

[2strokerfun]

One other option I forgot to mention that occurs all too often: 5) ignore/forget the ticket. Then get picked up and hauled to jail three years later on a bench warrant when an officer stops you to warn you a tail light is out. Cost: About $3,000.

 

[Mully]

We had this same scenario happen a year or so back. Unfortunately, a mother and her children were waved through and pulled into the path of a semi and were killed. My friend was the driver of the semi, he has changed jobs. The gentleman who waved them through was devastated; he was only being polite by waving them through. His wave was never meant to mean the road was clear.

The side note to this is the mother, had she lived, would have been cited for failure to yield the right of way.

Mully

 

[IndyMX]

I was taught a long time ago in truck driving school that you can never give the right of way, you can only take it. Meaning, never trust the person waving you thru the intersection, check for yourself.

 

[JD_MXRacer]

Ok well my mom says I should fight it but I havent brought up any of the points you guys made which were all good ones. My court date isnt til feb. 23 so I have some time to think about it.

 

[oldguy]

Ok well my mom says I should fight it but I havent brought up any of the points you guys made which were all good ones. My court date isnt til feb. 23 so I have some time to think about it.

You do not have to "fight" it but it is a good idea to show up on the appearance date and talk to the prosecutor. Not sure on your age or prior driving record but any reduction may save you at a later time from steep insurance rates. Show up early, look neat and clean, act respectable and Speak English (not some gibberish mumble). Unless you are making a couple hundred bucks a day it is worth your time to at least see what can be worked out. Over all be honest when talking to the Pros. Most traffic courts the first appearance is for the defendant to set up how they want to proceed. Chances are the officer will not be present (no way you can have every officer that wrote a ticket in court on that day) but his report will be so ask to talk to the prosecutor as soon a s you get there and explain your view of what happened and try to work it out.

 

[BSWIFT]

You do not have to "fight" it but it is a good idea to show up on the appearance date and talk to the prosecutor. Not sure on your age or prior driving record but any reduction may save you at a later time from steep insurance rates. Show up early, look neat and clean, act respectable and Speak English (not some gibberish mumble). Unless you are making a couple hundred bucks a day it is worth your time to at least see what can be worked out. Over all be honest when talking to the Pros. Most traffic courts the first appearance is for the defendant to set up how they want to proceed. Chances are the officer will not be present (no way you can have every officer that wrote a ticket in court on that day) but his report will be so ask to talk to the prosecutor as soon a s you get there and explain your view of what happened and try to work it out.

That is very sound advice from Oldguy in the know!;)