How should I plead when accused of failing to yield right of way when my view was obstructed by construction and the other car may have been speeding?

I was in a car accident at an intersection where I was determined by the officer to be at fault because I had a stop sign and the other driver did not, so I was accused of failing to yield the right of way. However, the visibility at the intersection is severely impeded by construction materials, making it very difficult for me or the other driver to see each other until a collision was inevitable. I had stopped at the signal and waited for other traffic before entering the intersection. I do not know whether to plead no contest or not guilty in order to achieve the most desirable results.

Asked on November 3, 2011 under Accident Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is not my place to tell you how to plead to a vehicular citation that was assessed to you. If you believe that you were not at fault to get the ticket you write about, you should plead "not guilty".

You need to remember the prosecution bears the burden of proving the charge against you beyond a reasonable doubt. If the police officer fails to attend the trial, the prosecution most likely will have to dismiss the charge against you. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.