Failure to Yield in Florida
What is Failure to Yield?
Failure to yield is when a person does not slow down or come to a stop for a vehicle or pedestrian when they should have.
A person operating a motor vehicle is required to know the laws of the road, which requires them to know when to yield. For example, in the case of a pedestrian a vehicle is always required to yield or stop because a pedestrian always has the right of way.
A failure to yield citation is given to drivers when they do not abide by the yielding rules of the road and do not yield to vehicles or people that have the right of way.
Florida Law and Yielding
Florida law provides several examples of situations in which a driver is required to yield. These situations are as follows:
- Every driver of a vehicle shall yield the right-of-way to a pedestrian worker and flag person that is doing maintenance or construction work on a highway when the driver is notified of the presence of the workers by a flag person, or a warning sign, or a device.
- A driver intending to turn LEFT on an intersection, into an alley, on a private road, or in a driveway shall yield the right-of-way to any vehicle approaching from the opposite direction, or any vehicle passing on the left of the turning vehicle.
- The driver of a vehicle shall yield the right-of-way to a bus that traveling in the same direction which has signaled and is about to enter back into traffic.
- The driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway.
- When two vehicles enter an intersection from different highways at the same time the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
- The driver of a vehicle that is about to enter a public roadway that is not dictated by a traffic control device shall yield the right of way to all oncoming traffic.
- 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, shall stop before entering the crosswalk or intersection. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway.
Penalties for Failure to Yield
A failure to yield citation, without causing an accident or injury to another person typically results with a fine up to $500. If an accident or injury occurs the fines and penalties will be much higher and a person will most likely be charged with other crimes such as reckless or careless driving in addition to a failing to yield citation.
In addition to fines, a failure to yield citation can lead to license suspension and will add four points to a person’s driver’s license, which will cause insurance rates to increase.
Defenses for Failure to Yield
There are many rules and statutes pertaining to yielding violations and therefore there are numerous defenses for a failure to yield citation that will vary with each case.
Common defenses for yielding violations include,
- Poor visibility of lines
- Another vehicle broke the law
- Reckless driving on another vehicle’s part
- A driver avoiding harm’s way
- Poor visibility of sign
In addition, a yielding violation requires proof that the individual charged did not yield the right of way to another vehicle or pedestrian, which is subjective in nature and is most likely, based upon the officers opinion; which may not hold up in court and should be fought.
Fight your Charge
Call our firm and let us answer your questions and attempt to get your violation removed from your record. We have been fighting traffic violations since 2004 and we are highly knowledgeable in all areas of criminal law. There are many defenses out there for failure to yield violations and we will help you find yours and try to resolve your case quickly. Call us anytime and set up a free consultation at 1-800-FIGHT-IT (1-800-344-4848).