Facts
On May 25, 1999, Ms. [M.] was driving on the road in the Esserts district towards the municipal road connecting Bouloz to Porsel. A few meters before the exit onto the municipal road, she slowed down significantly. Then, wanting to turn left towards Bouloz, she took the turn on the inside and collided with a vehicle coming from Bouloz, driven by Ms. N. On October 19, 1999, the Police Judge convicted Ms. [M.] for failure to observe the right of way and the obligation to drive on the right. On September 13, 2000, the Cantonal Tribunal rejected Ms. M.'s appeal against this decision.
Considerations
According to case law, an exit does not constitute an exception to the ordinary rule of right of way only when one of the roads is a transit road and the other is a side road or narrow road that is clearly not intended for transit and has little or no importance for traffic. In this case, the Esserts road is not a side road or narrow road without importance for traffic, but serves eleven villas and exits onto the municipal road in a similar manner to an intersection. Therefore, Ms. [M.] had the right of way and the decision of the Cantonal Tribunal must be annulled on this point.
However, it is still necessary to verify whether Ms. [M.] has fulfilled her obligations as a priority…