Have you been cited for a parking ticket? A failure to yield a ticket is a lot more than just a traffic offense – it’s also a misdemeanor under California law. If you receive such a citation, you will need to attend court and fight the case. But what if you can handle fighting your own case? Fortunately, there are ways to have the court dismissed without going to trial in just 20 minutes! Here’s how:
How To Get A Failure To Yield Ticket Dismissed
Define the terms you disagree with
It’s easy to get bogged down in the details of what happened while you are at the hearing and forget to define your terms. You need to clearly define the terms you disagree with so you can explain them to the judge and tribunal. This could be anything from where you were driving to the time you first saw the car. If you don’t define the terms you are discussing, you are probably just going to ramble on and on about how you were wrong and how this is a free country and blah blah blah.
Ask for a hearing before writing any ticket
You may find that you get a much better hearing in court than you do in the car. If you get a write-up in the police blotter, there will almost certainly be a public hearing where the judge can hear your side of the story and you can present witnesses and evidence in your favor. Although you do not need to hire a lawyer and you do not need to make a deal before going to court, you definitely need to ask the judge for a hearing before writing a single ticket. If you don’t, you will spend the next few months (and maybe years) fighting the department tooth and nail. Even if you are a licensed legal practitioner, you will almost certainly lose.
Try to get a phone call or email inspection first
You can’t just show up at the garage or PO box of the department that issued the ticket and starts throwing things at the monitor. The monitor probably has done nothing wrong and is probably just trying to do her job. You should also try to get a phone call or email inspection first. The inspector herself could give you a much better hearing than a monitor could in court.
If you still aren’t getting anywhere, ask to meet in person
You should also meet with the district attorney if you are planning on filing a lawsuit or taking any other kind of action. The discussion should cover your thoughts on the ticket and what you would do if you won the ticket. If you still aren’t getting anywhere, ask to meet in person.
Get the written citation taken down immediately and firmly
You don’t need to read the whole citation but you definitely need to take a quick look at it to see if it is legitimate. If it is, you should take the citation down without reading it. This includes putting your vehicle in park or putting your hazard lights on. You should also write a quick note on the back of the ticket and put it in the envelope. If the ticket is still open and you are looking at it, you should take it outside and put it in the trash. If the citation is legitimate, there is no need to take it up with the person who wrote it.
Confirm that they are not going to send you any more violation warning notices
Some departments will give you a violation warning before fining you. It is usually a good idea to ignore these but in some cases, you may want to write a letter or call the department to discuss the circumstances that led to your failure to yield and request a warning. A violation warning is not a warning and you should specifically ask the person who issued the warning if you are correct in your belief that you were not being admonished for any offense.
Confirm that they will not be writing you any more tickets in the future – period
You should also ask them if they will be writing any more tickets in your area. If they have a history of writing tickets in your area, you may want to look into changing your address so that you never get a ticket there in the future.
Which Of The Following Is An Example Of How You Should Yield The Right Of Way To An Emergency Vehicle?
- When an emergency vehicle is approaching with its lights flashing, you must pull over to the right into a clearly marked lane or space so that the emergency vehicle can pass.
- You must pull over to the right into a clearly marked lane or space so that an emergency vehicle can pass if it is approaching from behind.
- You may not drive on a roadway if you are parked and an emergency vehicle is approaching from either side of your vehicle.
- You may not drive on a roadway if there is no room to pull over onto the shoulder, and you are unable to safely drive around any stopped vehicles, even if they are blocking your way in front of you and there is room to safely drive around them in back of you.
- You may not drive on a roadway if your view is blocked by heavy fog, smoke, dust or other conditions which make it unsafe for you to drive safely but which do not constitute an immediate hazard such as road debris or hazard trees along the roadside (these conditions have existed for more than 30 minutes).
- You must yield the right-of-way when engaged in firefighting activities within 300 feet of any intersection or within 300 feet of any point where traffic from opposite directions will meet at such intersection (this does not apply when there are no opposing traffic lanes).
- In an area where streetlights do not extend across intersections at every intersection, when making a left turn after stopping at a red light, you must yield the right-of-way to a vehicle which has entered the intersection from your right after stopping at a red light.
- When making a left turn on a two-way roadway, you must yield the right-of-way to any vehicle approaching from the opposite direction that is within 100 feet of your vehicle.
Final word
The best way to respond to a failure to yield a ticket is to take the lane correctly and not exceed the speed limit in a car. You should also be aware of your surroundings and be prepared to stop if necessary. If you receive a traffic ticket, there are ways to have it dismissed without going to trial. Get in touch with a local attorney if you want legal advice on how to proceed.
FAQ’s:
What type of traffic ticket should I expect if I am pulled over?
This depends on the officer who issued the ticket – it may be for speeding, running a red light, speeding through a stop sign, failing to yield to an emergency vehicle, improper lane change or failure to stop at a red light. Each state has different laws and requirements. You should always consult with a lawyer who is familiar with your particular state.
What are the best ways to respond to a traffic ticket?
The best way is to get in touch with an attorney who can help you understand your options and help you make informed decisions about how to proceed. The most common response is not going to trial but negotiating with the officer for a reduction or dismissal of the ticket by negotiating and agreeing on certain conditions such as completing community service or attending anger management counseling classes or paying fines (or both). If you have any questions about what you can do about your traffic ticket, call us at 1-800-835-6722 and we’ll help you figure out what’s best for you!
How much does it cost if I don’t go to trial?
There are many factors that will determine how much it will cost you depending on what kind of case your attorney files – whether it’s dismissed outright or reduced (for example, from speeding through a stop sign) or whether there was no violation at all (for example, no proof of liability insurance).
