If you've been driving in New York for any length of time, you've probably encountered a "right of way" situation. These can be tricky to navigate, especially if you're unfamiliar with the law. In this blog post, we'll discuss what a failure-to-yield ticket is, some of the situations that can lead to one, and the possible consequences of receiving a citation. We'll also provide tips on avoiding getting a failure-to-yield ticket in the first place!
At Martin A. Kron & Associates, P.C., we fight traffic citations in New York. Schedule a consultation by calling us at (212) 235-1525 or contacting us online today.
What Is Right of Way?
Right of way is the legal right of a pedestrian or driver to proceed ahead of others in a given situation. At certain times as a driver, you must give up the right of way to another motorist, pedestrian, bicyclist, or others on the road. Not doing so could lead to crashes that result in property damage, injury, or death.
What Is a Failure-to-Yield Ticket?
New York has several laws concerning when motorists must yield the right of way to others. If you violate any of these statutes, a police officer could issue you a failure-to-yield ticket.
What Situations Can Lead to a Failure-to-Yield Ticket in New York?
In New York, motorists must yield the right of way in various circumstances.
Examples of situations that could lead to a failure-to-yield ticket include the following:
- Failing to yield the right of way at an intersection (VAT § 1140): Suppose you and another motorist enter an intersection at approximately the same time. If the other person is on your right side, you must let them pass through the intersection first.
- Failing to yield the right of way when making a left turn (VAT § 1141): If you are turning left at an intersection, you must allow any vehicle approaching from the opposite direction to pass you before making your turn.
- Failing to yield the right of way at a yield sign (VAT § 1142): At an intersection where a yield sign is posted, you must slow to a reasonable speed, or stop if necessary, and let any pedestrian legally crossing the street or vehicle in the intersection by.
- Failure to yield the right of way when entering a highway (VAT § 1143): Before entering or crossing a highway from somewhere other than another street, you must yield the right of way to approaching vehicles.
- Failure to yield the right of way to emergency vehicles (VAT § 1144): You must move as close as possible to the right-hand side of the road when an emergency vehicle with lights and sirens activated is coming up from behind you. You must remain stopped until the vehicle has passed.
- Failure to yield the right of way in a roundabout (VAT § 1145): If you are approaching a rotary traffic circle, you must allow any vehicles already in the circle to go through before you enter.
- Failure to yield the right of way to pedestrians (VAT § 1151): When you're at an intersection without traffic control signals, and a pedestrian is in the crosswalk, you must slow down or stop to allow the person to cross the street.
What Are the Consequences for Getting a Failure-to-Yield Ticket?
When driving, it is important to yield the right of way when required by law. Failing to do so can result in a traffic ticket. In New York, the consequences for getting a failure-to-yield ticket can include fines and points on your driver's license.
The fine amount will depend on the facts, such as whether you failed to yield to an emergency vehicle or have any prior violations on your record. You will also receive three points on your license. Your driver's license may be suspended if you accumulate too many points within a certain period.
Therefore, it is crucial to know when you are required to yield the right of way and to follow the law accordingly. Not doing so can result in costly consequences.
Fight Your Ticket with Help from an Attorney
Although you have the option of paying your citation, doing so is the same as being convicted for the offense. That means you will be subject to the associated penalties. You can seek to avoid the consequences by challenging your ticket. A lawyer can assist with this, providing the guidance you need throughout your case.
To speak with our New York team at Martin A. Kron & Associates, P.C., please contact us at (212) 235-1525.