How should my son plead for a failure to yield ticket?
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How should my son plead for a failure to yield ticket?
My son got into an accident while turning left at a red light and received a ticket for failure to yield while turning left. It is not clear if the oncoming car blew the red light. It is clear that the oncoming car did speed up (which in itself is “failure to yield”). According to the police officer, this is a cut and dry case and the person turning left gets the ticket and the other car does not. I’m not so sure that this is a cut and dry case. Suppose the other car did run the red light? Who is a fault then? Should my son plead guilty (without court supervision) or innocent?
Asked on November 2, 2010 under Accident Law, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
This question is best asked to an attorney in your state who knows the vehicle and traffic law in and out. I agree with you 100%: it may not be as cut and dry as the police officer made it out to be. In certain states the law about making a left turn in front of on coming traffic is not illegal in and of itself. The only reason it is her is because the other car may have blown the light. In some states you can make the turn but you have to have good judgement in doing so. If yo can prove that the light really did change for the other guy and that he blew the light while your son was turning - or sped up and blew the light - your son may not be guilty. Check it out. Good luck.
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