Delaware Valley S2000 Members Delaware, Eastern PA (Philly)Southern New Jersey

So I got pulled over today....

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Old Dec 25, 2013 | 03:11 PM
  #31  
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Sounds like Mr off duty did not follow the yield sign (quoted below) and as a result left you in an unsafe situation.
How were the roads that day, were they wet? Covered in rock salt? If so, you can add to your defense, that if you had chosen to apply the brakes (with excessive force) your braking distance would have been increase due to the reduced friction caused by the wet roads or rock salt/sand. In the limited time you had to react to the jeep, you chose the evasive action that provided the highest probability of avoiding an accident.

From Chapter 33 of PA vehicle code.
Section 3323. Stop signs and yield signs.
c) Duties at yield signs.--The driver of a vehicle approaching a yield sign shall in obedience to the sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop before entering a crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering. After slowing down or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute a hazard during the time the driver is moving across or within the intersection of roadways. If a driver is involved in a collision with a vehicle in the intersection or junction of roadways after driving past a yield sign, the collision shall be deemed prima facie evidence of failure of the driver to yield the right-of-way.
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Old Dec 25, 2013 | 07:15 PM
  #32  
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Originally Posted by 2klesswrx
Sounds like Mr off duty did not follow the yield sign (quoted below) and as a result left you in an unsafe situation.
How were the roads that day, were they wet? Covered in rock salt? If so, you can add to your defense, that if you had chosen to apply the brakes (with excessive force) your braking distance would have been increase due to the reduced friction caused by the wet roads or rock salt/sand. In the limited time you had to react to the jeep, you chose the evasive action that provided the highest probability of avoiding an accident.

From Chapter 33 of PA vehicle code.
Section 3323. Stop signs and yield signs.
c) Duties at yield signs.--The driver of a vehicle approaching a yield sign shall in obedience to the sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop before entering a crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering. After slowing down or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute a hazard during the time the driver is moving across or within the intersection of roadways. If a driver is involved in a collision with a vehicle in the intersection or junction of roadways after driving past a yield sign, the collision shall be deemed prima facie evidence of failure of the driver to yield the right-of-way.

Are you a lawyer? Or did you stay at a Holiday Inn Express?
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Old Dec 25, 2013 | 10:48 PM
  #33  
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Originally Posted by freq
Originally Posted by 2klesswrx' timestamp='1388016679' post='22937983
Sounds like Mr off duty did not follow the yield sign (quoted below) and as a result left you in an unsafe situation.
How were the roads that day, were they wet? Covered in rock salt? If so, you can add to your defense, that if you had chosen to apply the brakes (with excessive force) your braking distance would have been increase due to the reduced friction caused by the wet roads or rock salt/sand. In the limited time you had to react to the jeep, you chose the evasive action that provided the highest probability of avoiding an accident.

From Chapter 33 of PA vehicle code.
Section 3323. Stop signs and yield signs.
c) Duties at yield signs.--The driver of a vehicle approaching a yield sign shall in obedience to the sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop before entering a crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering. After slowing down or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute a hazard during the time the driver is moving across or within the intersection of roadways. If a driver is involved in a collision with a vehicle in the intersection or junction of roadways after driving past a yield sign, the collision shall be deemed prima facie evidence of failure of the driver to yield the right-of-way.

Are you a lawyer? Or did you stay at a Holiday Inn Express?
LOL i once stayed at a holiday inn express..... But yea it was covered in salt because of the big snow storm that we had a few days prior to me getting pulled over. 12/18/2013 was the date to be exact. Anyways I do feel that even without a lawyer I should be able to fight this citation, because at the end of the day the Cop was suppose to yield to me. I will contact a lawyer, but since it's the holidays it's hard to get a hold of one. I'm going to try my lawyer tomorrow to see what he says.
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Old Dec 26, 2013 | 06:28 AM
  #34  
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Originally Posted by freq
Are you a lawyer? Or did you stay at a Holiday Inn Express?
Would a lawyer use the word "friction"? No, I stayed at a Holiday Inn Express.
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Old Dec 27, 2013 | 04:04 PM
  #35  
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Originally Posted by 2klesswrx
Originally Posted by freq' timestamp='1388031356' post='22938123
Are you a lawyer? Or did you stay at a Holiday Inn Express?
Would a lawyer use the word "friction"? No, I stayed at a Holiday Inn Express.
could i hire you to be my lawyer? lol
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Old Dec 28, 2013 | 09:47 PM
  #36  
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When i lived in FL, I used a company called Ticket Clinic, they were amazing. Its all traffic lawyers and they go to court for you, without you even being present. They only serve FL, but they have a section on their site about affiliates in other states. Check it out: Here Hope they can point you in the right direction.

I was accused of running a redlight and I didnt. (Turned red above me as I was halfway through, no cameras, just an officer waiting at a red to my left). Anyway it would have been 4 points and 200 dollars. They got it thrown out no questions asked, cost me 90 bucks thats it.
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Old Jan 15, 2014 | 01:47 AM
  #37  
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I tried looking, but PA lawyers want a minimum of 400 bucks to help me fight this.....
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Old Feb 7, 2014 | 11:36 AM
  #38  
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So i was found guilty lol... most ridiculous thing i've ever had to sit through. Officer went through the spiel about how he was teaching his daughter how to drive and how he was extra careful around the time of the incident. Judge said that he failed to yield to me, but since i accelerated faster than i should have at the traffic light i was found guilty. Which has nothing to do with the incident prior, but hey i'm only a citizen that the officers swore to protect and serve.
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Old Feb 7, 2014 | 11:47 AM
  #39  
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Originally Posted by seoul2k
So i was found guilty lol... most ridiculous thing i've ever had to sit through. Officer went through the spiel about how he was teaching his daughter how to drive and how he was extra careful around the time of the incident. Judge said that he failed to yield to me, but since i accelerated faster than i should have at the traffic light i was found guilty. Which has nothing to do with the incident prior, but hey i'm only a citizen that the officers swore to protect and serve.
Brutal
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Old Feb 7, 2014 | 01:25 PM
  #40  
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Wow, so how much is it going to cost you total?
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