Questão jurídica principal
Whether the defendant's left turn without yielding amounted to gross violation under Art. 90(2) SVG rather than simple violation under Art. 90(1) SVG.
Decisão extraída
The defendant committed a gross violation of traffic rules by failing to watch the oncoming traffic and by not yielding the right of way while turning left.
Fundamentação extraída
Art. 31(1) and 36(3) SVG are important traffic rules. The defendant's inattention was not merely momentary; for about four seconds the oncoming van was visible, yet she did not observe it. Given the poor visibility and the need to focus on the opposing lane, her conduct was grossly negligent and reckless.