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sharon1969

Yeilding right of way

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My daughter was given a ticket for not yielding at a stop sign when crossing a highway. As she crossed the highway a car popped over the hill at a high speed and hit her without braking(no skid marks). The police could not prove he was speeding because of the lack of skid marks therefore she got the ticket. However, there was an independent witness who left his name and number for the police to call and verified my daughters story that as she crossed there was not a car to yield to. If the other car had not been speeding the accident would not have happened. The police NEVER called the witness! Can you win this ticket charge? How do you yield if no one is there to yield to?

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Ultimately, a decent expert in body repair work should be able to tell how fast he was going (unless you want to make this really complicated and, if he had a modern car, subpoena to get the computer-related data that would typically record speed at impact).

"However, there was an independent witness who left his name and number for the police to call and verified my daughters story that as she crossed there was not a car to yield to."

So if the police won't amend the report and rescind the ticket (assuming they're capable of doing so), she can ask that person to sign an affidavit in front of a notary if he/she isn't available to come to court when she contests the ticket.

"The police NEVER called the witness!"

You seem to think they are obligated to do so, and I doubt they are.

"Can you win this ticket charge?"

If you mean can your daughter win, anything is possible.

"How do you yield if no one is there to yield to? "

This is a silly question, in the end, given you and the daughter seem to know things that the police couldn't have known at the time simply based on what she said/the other driver said.

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