If I was charged with failing to yield right of way, what are the odds of winning in court?

The DMV driving manual says drivers should stop on yellow. All of the other cars approaching the intersection stopped. I say the light was red an outside witness claimed the light was yellow when I started my turn. Am I responsible for this accident. The other driver is 70+ years old and her explanation of the accident was she was going with the flow of traffic.

Asked on October 17, 2011 under Accident Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From the explanantion that you have given for the accident and the cititation you received for failing to yield to the right of way, the chances of you prevailing at court are fifty-fifty assuming the citing officer attends the hearing.

If the citing officer fails to attend the hearing concerning the citation you received, you will prevail in the charges against you in that the prosecution bears the burden of proof by beyond a reasonable doubt.

Another factor is what the other witnesses at the hearing will testify as to favorable or disfavorable testimony concerning the issue that you are writing about. I suggest that if you plan on contesting the citation, be well prepared and have all your witnesses ready to testify as to what they saw.

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 AttorneyPages.com 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.