Fail to yield from driveway

Unread post by: **ross** on

Fail to yield from driveway

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Unread post by: ross on
Sun Aug 16, 2009 3:26 pm

My partner was backing out of our driveway onto a residential street and collided lightly with a car parked opposite our driveway. There is only minor damage and she was the only person involve, yet she was given a ticket for 'fail to yield from driveway' contrary to HTA sect. 139(1). Is this ticket proper and should she fight it? I thought this offense dealt moving vehicles, am I wrong or right? Thank you in advance for any help.

Unread post by: **Bookm** on

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Unread post by: Bookm on
Mon Aug 17, 2009 9:13 am

The correct charge probably should have been Careless. But Careless is a very severe charge (6 points). I think the HTA really, really, REALLY needs a different/new charge for "minor" carelessness. Either that, or just reduce the severity of the current statute.

Personal opinion? I think your charge is inappropriate. We don't "yield" to parked cars.

Unread post by: **ross** on

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Unread post by: ross on
Tue Aug 18, 2009 10:24 pm

Thanks for your opinion Bookm. I agree there should be a different statute as in this situation there is less than $1000(most of it painting costs) damage. I can't imagine that everybody who dinged a bumper while parallel parking gets a ticket with three(or six) demerit points. Could it be so?

Unread post by: **Bookm** on

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Unread post by: Bookm on
Wed Aug 19, 2009 8:13 am

I would try to pay the other car owner in cash (using their estimate without any counter-offer, ie. "I have a cousin who dabbles in body work").

Then plead not-guilty and show up for court on your trial date. My bet is the cop won't even show up. He'll know the "glove doesn't fit"

Fail to yield from driveway

Fail to yield from driveway

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