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Failure to yield from a private drive
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PostPosted: Thu Jan 02, 2014 11:39 pm 
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Joined: Thu Jan 02, 2014 11:19 pm
Posts: 1
Hello,
I was involved in an accident and charged with failure to yield from a private drive. I was backing out of a driveway (due to other vehicles in the driveway I was not able to turn around to exit going forwards) and did not see any cars approaching. However, my vision was blocked due to trees and a fence beside the driveway. The driveway also had a slope leading up to the road which was icy at the time, and because of this I had to back out faster than I normally would in order to make it up the slope. When the back of my vehicle got on the road, I was hit by another car that I did not see because of the trees. The road conditions were also very bad due to ice and snow, so the approaching driver could not stop. I would like to know if it is worth pleading a lesser offence in court, and if the poor visibility and weather conditions will help my case.
Thanks!


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Re: Failure to yield from a private drive
PostPosted: Fri Jan 03, 2014 5:24 pm 
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Joined: Wed Sep 19, 2012 1:44 am
Posts: 1064
Martinez wrote:
and if the poor visibility and weather conditions will help my case.
Thanks!


It will not help your case. Poor visibility/conditions is not an excuse to endanger people's lives by blindly accelerating over sidewalks and into traffic. If the conditions aren't suitable, don't drive. If you need someone to spot you while you get back on the road, then by all means have someone help you out.


Martinez wrote:
I would like to know if it is worth pleading a lesser offence in court,


If there's an offer on the table, there's no harm pleading to a lesser offense if you are happy with that outcome. It would be a lot more beneficial to you to plead to a lesser offense rather than offer a list of excuses that aren't a suitable defense.


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