Whether a tree falls to the south or to the north, in the place where it falls, there will it lie

This is the intersection where I had my accident back in February and lost my car, Venom.

It was a less than a year since I had finished paying Venom off so it was a major bummer, to say the least, and was probably the worst traffic accident I had ever been involved in.

Even though the other driver violated the traffic control device on the street which indicated that the lane he was in, he was to turn right only, the police officer ended up giving me a ticket for the accident.

The ticket said that I violated state statute 316.125, which states a Vehicle entering highway from private road or driveway or emerging from alley, driveway or building.

(1)  The driver of a vehicle about to enter or cross a highway from an alley, building, private road or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered which are so close thereto as to constitute an immediate hazard.
(2)  The driver of a vehicle emerging from an alley, building, private road or driveway within a business or residence district shall stop the vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across the alley, building entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon and shall yield to all vehicles and pedestrians which are so close thereto as to constitute an immediate hazard.
(3)  A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

I chose to fight it in court and this past Wednesday I was there with notes in hand as ready as I could be to defend myself.

That didn’t seem right, but it didn’t really matter because the police report stated that the statute I broke was State Statute 316.122 which states:

316.122  Vehicle turning left.–The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction, or vehicles lawfully passing on the left of the turning vehicle, which is within the intersection or so close thereto as to constitute an immediate hazard. A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

It was arguable to me that this applied as well, but that didn’t really seem to matter to much, because on my arraignment for court it stated I ran a stop sign. WHAT?! I looked that one up to to be prepared. I believe that would be state statute 316.123,

316.123  Vehicle entering stop or yield intersection.–
(1)  The right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in s. 316.006.
(2)(a)  Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if none, before entering the 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 the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.
(b)  At a four-way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles reach the four-way stop intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
(3)  The driver of a vehicle approaching a yield sign shall, in obedience to such sign, slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop before entering the 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. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection. If such a driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of the driver’s failure to yield the right-of-way.
(4)  A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

My defense for all of these was the same. I came to a complete stop as indicated. There was no approaching traffic coming on the INTERSECTING ROADWAY. There was a vehicle to my left in a Right Turn Only. As I began moving forward to enter the roadway, the vehicle in the Right Turn Only lane, violated Florida State Statute 316.074. This violation of State Statute 316.074 is the cause for the accident.

State Statute 316.074 states:
316.074  Obedience to and required traffic control devices.–
(1)  The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto, placed in accordance with the provisions of this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.
(2)  No person shall drive any vehicle from a roadway to another roadway to avoid obeying the indicated traffic control indicated by such traffic control device.
(3)  No provision of this chapter for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic control devices are required, such section shall be effective even though no devices are erected or in place.
(4)  Whenever official traffic control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority unless the contrary shall be established by competent evidence.
(5)  Any official traffic control device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter unless the contrary shall be established by competent evidence.
(6)  A violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.

Well, court day came, and I showed up. My officer was in the court room with me as well. When my name was finally called by the judge I approached and indicated that I requested a hearing. He verified 3 times that that was what I wanted to do. I said yes. He called up the police officer. The officer approached next to me.

The judge then called up the witnesses, which was the other driver, and another witness who was there when the accident happened and assisted at the time.

Neither were present. The police officer stated that he was motioning to dismiss since none of his witnesses were present.

The judge dismissed the case. Open and shut case. Praise Jesus for that working out the way that it did, but I certain felt ready to go at it that day.