failure to yield

[honda1234]

What is the name of your state (only U.S. law)? Mass

I got pulled over for not yielding as I entered onto semi-hiway. I asked the office why he pulled me over he said " you don't speed up when you come to a yield sign". I understand this but the circumstance was this. I was in traffic on a major road going 5-10 mph because of construction. At the end of the road is a traffic light if you went straight or you could break to the right and be on a small by road ( about 150 yards long ) that has a yield sign at the end before placing you on another semi-hiway.
Because of the traffic that you are coming off was at 5-10 mph you are not approaching the yield sign at any great speed. I looked over my shoulder and saw that I had about 4-5 car lengths between me and the cars ( and saw the state trooper) that just got a greenlight some ways back. I accelerated in order to get onto the semi-hiway getting up maybe at most 20-25 mph ( speed limit on this road is 30+) . I wasn't close to any cars, no honking and no cars swerving plenty of room. At that point the trooper put on his lights and accelerated behind me closing the gap.
So yes I accelerated at the yield sign from 5-10 mph to 20 mph. I would have done that if I had to come to a complete stop. I didn't speed and didn't endanger anyone. I had to accelerate because I was coming from 5-10 mph to merge onto a fast roadway. I can't see how this was perceived as a moving violation. I could see it if I was approaching the yield sign at 25-30 mph and gunned it to 30+ trying to beat the traffic but I literally approached the yield sign at a slow speed and had to merge onto a faster road roadway.
Would the arbitrator even consider this circumstance? It's right around the corner from the courthouse and is a huge bottleneck that they would be well aware of the roads and construction I was on.

 

[NIV]

Because of the traffic that you are coming off was at 5-10 mph you are not approaching the yield sign at any great speed. I looked over my shoulder and saw that I had about 4-5 car lengths between me and the cars ( and saw the state trooper) that just got a greenlight some ways back. I accelerated in order to get onto the semi-hiway getting up maybe at most 20-25 mph ( speed limit on this road is 30+) . I wasn't close to any cars, no honking and no cars swerving plenty of room. At that point the trooper put on his lights and accelerated behind me closing the gap.

The officer will claim you pulled out before it was safe. Your claim will be you waited until it was safe to pull out and then did so. I bet he will report braking on the part of the vehicles on the road because of your maneuver. You are claiming the above.

Before you do so, check your math. At best you are talking about a 5mph difference (From the end speed.) that covers 100 ft (If 5 big cars.) The vehicles coming on had about 13 seconds from the time you decided to accelerate until their front bumper met your back bumper. 13 seconds if all your facts are correct, we round everything in your favor and there is no reaction time.

 

[honda1234]

The officer will claim you pulled out before it was safe. Your claim will be you waited until it was safe to pull out and then did so. I bet he will report braking on the part of the vehicles on the road because of your maneuver. You are claiming the above.

Before you do so, check your math. At best you are talking about a 5mph difference (From the end speed.) that covers 100 ft (If 5 big cars.) The vehicles coming on had about 13 seconds from the time you decided to accelerate until their front bumper met your back bumper. 13 seconds if all your facts are correct, we round everything in your favor and there is no reaction time.

True, It's his word over mine and the court will never not side with the officer. Rule of thumb on the highway is one car length for every 10 MPH. The cars are approaching are coming off a red light turning green with over 75 Yard between them and me. Plenty of room not to mention it's 3 lanes with me entering into the Right slowest lane.

 

[NIV]

True, It's his word over mine and the court will never not side with the officer. Rule of thumb on the highway is one car length for every 10 MPH. The cars are approaching are coming off a red light turning green with over 75 Yard between them and me. Plenty of room not to mention it's 3 lanes with me entering into the Right slowest lane.

My point was not just that it is your word against his. Even if we take you at your word, things are being cut close and you might have to explain your claim. If we go against you with assumptions, the space decreases to 48 feet (small car of 4 not large of 5), the difference in (Legal, not actual.) speed accelerates from 20 mph difference to 5 mph difference. If a steady acceleration, average difference in speed will be 12.5 mph. That leaves about 3.27 seconds to decide, less reaction time.

Having 13 seconds to decide is a lot different from 3. One might be argued is safe. The other is far less likely to be safe. If you are going to fight the citation, know your numbers and source. Know your math.

 

[adjusterjack]

Would the arbitrator even consider this circumstance? It's right around the corner from the courthouse and is a huge bottleneck that they would be well aware of the roads and construction I was on.

I don't think so.

Assuming you got cited for Chapter 89 Section 9 the statute appears absolute:

The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down...

Not speed up.

http://law.justia.com/codes/massachusetts/2016/part-i/title-xiv/chapter-89/section-9/

I believe that speed, distance, and extenuating circumstances may be irrelevant. But you are welcome to argue them and see how it turns out.

 

[honda1234]

Would anyone know why in the bottom right hand corner in red it states " notice to officer: enter assessment $and total Due $ only if you check all civil infractions. Then goes to say " enter court address below only if you check CRIMINAL application. and below that he wrote in the county dist. Ct name. Non of this was checked off as Criminal. could he have written up the tix incorrectly?

 

[FlyingRon]

Where it says "Do not write below this line" did he put OK?

It makes no difference. That's purely for the commonwealth's internal processing.