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

Answers:

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.


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