NYC Failing to Yield Citation Defense Lawyer

What Are Failure to Yield Tickets in New York?

In New York, a failure to yield ticket is given when a motorist fails to properly yield for a pedestrian who is legally allowed to cross the street. As stated in the New York Vehicle and Transportation Law (N.Y. VTL): “Motorists must yield to any pedestrian crossing the road on which they are traveling.”

However, there are different scenarios where this law may or not come into effect, it is important to refer to the traffic signs in order to avoid a violation. At some intersections, it may not be entirely necessary for a motorist to stop before proceeding across or merging into a lane. Instead, it may only be necessary for them to pay attention and yield the right of way to existing traffic before proceeding.

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Failure to Yield to a Pedestrian Laws in NYC

New York state law provides extensive regulations and restrictions for both motorists and pedestrians alike. When it comes to right of way, pedestrians usually have it unless they exhibit extremely reckless or negligent behavior, such as jaywalking or stepping in front of a moving vehicle without adequate time for the car to stop.

The following are several sections of the New York Vehicle and Transportation Law (N.Y. VTL) and their relative regulations:

• N.Y. VLT §1142(b): Motorists must yield to any pedestrian crossing the road on which they are travelling. Also, a collision with a pedestrian in a crosswalk will be considered sufficient evidence of failure to yield to said pedestrian.
• N.Y VTL §1151: Even when there is no traffic signal or working signal, a driver must yield to a pedestrian who is crossing within a crosswalk. No vehicle may pass another vehicle if it is stopped in order to allow a pedestrian to cross at an intersection. Any pedestrian who steps from a safe place and walks/runs in front of a vehicle that is too close to yield has no right of way.

Intersections with Traffic Signals

A pedestrian has the right of way whenever a traffic signal shows a steady “Walk” or walking person. However, a pedestrian must not start to cross if the phrase “Don’t Walk” or the unpraised hand is flashing.

Therefore, a motorist would not be guilty of failing to yield if a pedestrian starts to cross an intersection when the signal is flashing. However, a motorist could be charged for failing to yield if he prevents a walker from crossing the street during the “Walk” signal.

Intersections with Crosswalks but No Traffic Signals

Pedestrians have the right of way if there is an intersection or any marked crosswalk and no traffic signals. If a driver pulls up to one such intersection and does not allow a pedestrian to cross before continuing, he or she may receive a failure to yield ticket.

Intersections with No Crosswalks and No Traffic Signals

If a pedestrian walks into a street where there are no intersections or no marked crosswalks, then pedestrians must yield the right of way to vehicles. Therefore, a driver cannot receive a failure to yield ticket if someone is attempting to jaywalk.

Can I Go if the Pedestrian Is in the Crosswalk But Nowhere Near Me?

If a pedestrian is in a crosswalk and far away from you, you have the right to go if it does not interfere with the pedestrian’s path and you’re making a legal maneuver (like a right turn). However, keep in mind that the difference between a failure to yield ticket and a legal maneuver is just a couple of feet, so be wise about when to do this.

Penalties for Failure to Yield in NYC

Due to the risk of accidents and injury involved with right of way violations, failure to yield will result in inconvenient penalties.

Penalties for failure to yield may include the following:

• 3 points on your record
• A fine

The New York point system only allows motorists to gain up to 10 points within an 18-month period. Any more than that and your driver's license will be suspended for 31 days. If you have been ticketed for failure to yield, call an New York City failure to yield attorney today to learn what steps you can take to defend yourself from such harsh penalties.

FAQs About Failure to Yield in NYC

How does NYC enforce failure-to-yield violations?

NYC enforces failure-to-yield violations through traffic cameras, police patrols, and, in some cases, undercover operations. The city has a Vision Zero initiative aimed at reducing traffic-related fatalities and injuries, which includes aggressive enforcement of failure to yield laws. Traffic cameras are strategically placed at high-risk intersections to catch violations, and police officers frequently monitor busy areas to issue tickets to violators on the spot.

Can a failure-to-yield ticket be contested?

Yes, you can contest a failure-to-yield ticket. If you believe the ticket was issued in error, or if there were extenuating circumstances, you can request a hearing with the Traffic Violations Bureau (TVB). At the hearing, you will have the opportunity to present evidence and argue your case. It's important to gather any supporting documents, such as witness statements or photos, to strengthen your defense. Having legal representation can also improve your chances of success.

What are the most common situations where drivers fail to yield?

In NYC, drivers commonly fail to yield at intersections, particularly when turning left or right across a pedestrian crosswalk. Another frequent situation involves failing to yield to pedestrians who have the right of way, especially in busy urban areas or when the pedestrian signal is lit. Drivers may also fail to yield when merging onto highways or entering traffic from a parking spot. These violations often occur in congested areas where drivers are in a hurry, leading to dangerous situations.

Can a failure-to-yield violation affect my insurance premiums?

Yes, a failure-to-yield violation can lead to an increase in your insurance premiums. Insurance companies view traffic violations as indicators of risky driving behavior, and accumulating points on your driving record can result in higher rates. The exact increase depends on your insurance provider and your overall driving history, but it’s common for premiums to rise after such violations, especially if they lead to an accident or injury.

Are there any defenses that can be used against a failure-to-yield charge?

One common defense is that the driver did yield, but the other party involved did not take the right of way or acted unpredictably. Another defense could involve challenging the accuracy of the officer’s observation, such as by arguing that visibility was impaired or that traffic conditions made it unsafe to yield. Gathering evidence like dashcam footage, witness statements, or photographs can strengthen your defense. Consulting with a traffic attorney can help you navigate the legal arguments and increase your chances of a favorable outcome.

Gannes & Musico, LLP is a traffic violation defense firm dedicated to protecting clients from harsh and wrongful convictions. By retaining a member of your legal team, you will be defended by a NYC traffic ticket lawyer who has handled thousands of cases. We have more than 30 years of combined experience and are prepared to review your case, build your defense and fight your traffic ticket with everything we have.

Call our firm at (877) 803-2603 or submit our online form to tell us about the details of your case so we can begin building your defense strategy.