Legal Question in Traffic Law in Virginia

Re: Failure to Yield

On the court date, talk to the prosecutor. The prosecutor might drop the charges if he thinks it is weak. You have two opposite comments from my colleagues. I think the difference of opinion that I see is whether the judge understands that the truck was STOPPING to TURN into the parking lot, and therefore you had an open space in which to safely exit the parking lot, with a clear stretch of road, or whether the judge believes (as Mr. Henderson) that you are only complaining that you could not see around the truck. If the judge believes that you should have waited because you could not see around the truck, then you will probably be found guilty. On the other hand, if the judge believes that the STOPPING truck gave you a clear stretch of road in which you could reasonably and safely enter the road from the parking lot, you will be acquitted.

The problem with this is that I don't understand how the police car ended up right on your tail if the truck was stopping in front of the police car? If I am confused on this point, the judge will also be confused and probably will not believe you. If in fact the truck was stopping and gave you a clear stretch of road, then where did the police car come from? How did he get right on your tail? You will have to be prepared to explain that very clearly.

Re: Failure to Yield

What exactly is your valid point: that the ticket was too harsh a penalty or that it was safe for you to exit the parking lot in the manner in which you did? No matter, as the officer will also have a valid point to offer the traffic judge which in all likelihood will prove more persuasive than your valid point.

Re: Failure to Yield

Unfortunately, when it comes to a failure to yield situation there is more involved than just stopping at the stop sign and looking both ways. You would still have to yield for any oncoming traffic after you stop. You stated that the van was too big for you to see the oncoming car. But when your visibility is obstructed like this then you would have to wait until the obstruction passes and then see if it's safe to proceed.

I did see a guy try and argue a similar care to a judge. He argued that he thought it was safe to proceed because he could see past a truck. But the judge still found him guilty because the defandant should have waited until the truck passed to see what was on the other side of the truck.

Of course in traffic law there usually is no black or white--there are grays everywhere. A judge in your case may see the case your way, or he or she may be kindly dipsosed towards you (especially if you have a good driving record) and just dismiss the case. So you may still want to try the case in court yourself, or hire a traffic lawyer to represent you.

Good luck!