Anyone know about a "failure to yield" ticket

[dinosmom]

My 74 yr old Mom had a car accident yesterday-her first EVER! It was a minor accident-happened at a stop sign and from the sounds of it, she really wasnt at total fault but received the ticket because her car hit the other car. She came to a stop, allowed other cars to go and the other driver on her left went when it was her turn and she hit him. The other driver claimed injury and was taken away to the hospital-they did get out of the car and walk around so I do believe that they were okay. Her car was just starting to accelerate so it wasnt a speed collision-no air bags went off. She was given a "failure to yield" ticket. However, I am confused because on the ticket it says that she must appear in court-she cannot just pay the fine. Does anyone know why she must appear? Age? Injury to other party? I told her that she needs to find a lawyer to represent her as I do not want her going there alone!!!!

She is really shook up as you can imagine. Her car barely has any damage and she does have insurance that will handle all of that stuff. But she never even had as much as a speeding ticket in her entire life!!!!

[pepperpot]

I believe she needs to appear because it was a moving violation and will go on her license.

[dinosmom]

I am not sure about that because a few yrs ago I received a moving violation in a traffic accident (improper lane usage) and was given the option to pay a fine, go to traffic school or plead not guilty and go to court. On my Moms ticket those options are crossed out and it says she must appear in court on a certain date.

[sunniekiss]

She can't use age as a factor for not appearing because if she is too old to appear in court, the court will take it as she is too old to drive.

I am assuming that she must appear since it was an accident with injuries. She can appear on her own but I would strongly suggest you hire an attorney.

Sorry for your Mom. I am sure she must be upset. I thank the dear Lord above that my Mom never tried driving. 2 kids no make that grown men are enough for me to handle driving.

[Renrut]

I am thinking it is because there is a accident involved. All the states I have lived in, I have never heard of appearing for something like that.
Just a FYI, doesn't take much speed to cause whiplash. We got hit and the guy was only going under 10 mph and my neck hurt like a *itch for weeks.

[iluvmybaby]

Your mother needs to hire a lawyer.

[jasmine]

and if you can't hire a lawyer, use the one that would be "appointed" to you~~ask.

[Jenefer3]

I got a failure to yield ticket once (Was at a light, I was turning, the minivan across from me was turning, and the car behind that minivan passed on the right hand side and slammed into me. I got the ticket because I should've known that the car was going to pass illegally) and I had the option to pay the fine or go to court and contest it.

[BeanieLuvR]

I feel so bad for your mom. I'm sure she is really shook up about it. An older lady hit my DH's car last week and it was just parked on the street. She was so upset and he kept telling her it is ok, it is only a car, and no one was hurt. I too think your mom needs to get a lawyer. It must be because the other person was hurt that she has to appear. I'll say a little prayer for her nerves to be calmed. :hug

[dv8grl]

and if you can't hire a lawyer, use the one that would be "appointed" to you~~ask.

Its not as easy as just walking in & saying that you don't have a lawyer.
She'll have to prove that she cannot hire a lawyer.
She'll need to go down to the Public Defenders office & claim that shes Indigent.
She'll also need to bring paperwork showing so.

[SLance68]

Have your Mom call the clerk of court to verify that she must appear in court. One of our employees got a ticket last week and NONE of the options were marked by the officer. She will need the ticket to read them the number off and they will be able to tell her if she needs to appear or not. If she wants to contest the ticket all she has to do is go to court and plead Not Guilty and they will then set up a court date and ask her if she needs representation. In Florida you don't have to give a bunch of stuff to get a court appointed attorney - however - if she can afford one it would be better than depending on the public defenders office.

[msmom79]

she does need a lawyer ,when she goes to court.and yes whiplash can happen at the smallest speeds
myself i dont think she should get a public defender,as they have so many cases they do,that sometimes some of them get lost in the shuffle,and you dont want that to happen to your mom,so glad your mom wasnt hurt,hugs to you for caring so much and for wanting to be beside your mom and help her.:**

[hblueeyes]

Must appear because injuries were involved would be my guess.

Me

[dinosmom]

Thanks everyone. I called the courthouse where it said she need to appear and they said that its just standard for a court date to be set in an accident and it had NOTHING to do with her age or possible injury to another party. The woman I talked to was VERY reassuring. She did say that she should show up with representation. My Mom can afford a lawyer so its just finding one.

Her insurance adjuster is coming by her house today to go over her car. I cannot say enough about MetLife, they have been AWESOME so far. And OnStar!!!!!!! If you have parents who are older, I would insist they get an OnStar equipt car! She said the very second the car hit, OnStar was on talking to her, making sure she was okay and telling her that police and emergency crews were on the way. They also called me to let me know what was going on and patched me thru so I could talk to her.