VA, accident - failure to yield right of way on left turn

[mandankonapi]

I was driving a 10' U-Haul truck, and was waiting on a turn lane to take a left turn.
from the opposite direction a pick-up truck was coming and had its left turn signal ON, and was moving towards HIS turn lane, (he had like one of his tires on the turn lane which i did not mention in my report to the cops - i had a co-passenger who told me this only after the cops gave me a ticket), i moved a little forward and the pickup truck came ahead and slammed into the front of my truck on the right side...and I have a ticket with failure to yield right of way on left turn.

Cops said I should be 100% sure that the lane is sure before taking the left turn. I called up some lawyers and they say they can give me a no-point violation, but the fee are exorbitant and like 600$ minimum apart from the fine and court fee. I am a graduate student and cant afford this. So I need some advice...how can i argue myself so as to get no-points?

Thanks in Advance
-Bill

 

[jharris352]

You are definitely at fault. The pickup obviously didn't slow down enough to turn. You try to subtlety diminish your fault with the phrase below. The prosecutor will be looking for your willingness to take responsibility and not diminish your blame.

i moved a little forward and the pickup truck came ahead and slammed into the front of my truck on the right side...and I have a ticket with failure to yield right of way on left turn.

You didn't "move a little forward" you were full on turning in front of oncoming traffic. How do I know? He hit you on the right side which would be impossible unless you had turned already.

I'm not trying to rub it in just pointing it out. The attorney fees are not exorbitant either, that's about right. That is the safest way to take care of it.

If you want to go it alone try this. First get at least one continuance to put it off a bit and ask for a jury trial. Use the time to make sure the other party is made whole by the insurance. Bring evidence that their damages have been or are being taken care of. Do NOT admit to anything in front of the Judge or Solicitor. When the calendar call comes for the jury trial tell the judge you are ready but you want a pre-trial conference with the commonwealth (solicitor).

When you talk to them, don't go into detail about what happened. Say, there was confusion in the intersection I believe I was right but I am willing to plead either nolo contendre or guilty to a lesser charge. I need to keep the points off my license. Show them that you have taken care of or that your insurance is taking care of the "victim" and that you hopefully have a clean driving record.

Usually they will make you an offer. Either you will plead Nolo and no have any points assessed, or they will reduce it to failure to follow a traffic device which carries no points. They will want their fine.

Good luck. When you go in for the continuance, you may be able to talk to the Commonwealth. I don't remember how they do it in VA it's been a long time since I practiced there.

 

[mightymoose]

Your state may allow you to take a traffic school course to keep the points off your record. You will still have to pay the fines and other damages involved, but the point will not get reported to your insurance. That is the cheapest way to handle it without attorneys at all.