With the hectic driving conditions, experienced in the city, sometimes a Failure to Yield can sneak up on you. If you average a single demerit point a month, you might be looking at a suspended license. That is at best an inconvenience, at worst a major disruption to your life and career.
When you get a ticket due to failure to yield to a pedestrian it can be extremely frustrating! Three points is nothing to scoff at not to mention the fines you might incur. But the situation may not be as cut and dry as it seems.
Pedestrian Right of Way: What you should know
Failure to yield to a pedestrian falls under the New York State Vehicle and Traffic Law (VTL) §1151. Within NYC you can have a ticket cited under the New York City Traffic Rules and Regulations §4-04(d) and 404(b)(1).
Regardless of which law is used, the basic points remain the same:
- Wherever traffic control signals are lacking, vehicles must yield to pedestrians crossing by way of a crosswalk.
- You may not pass another vehicle in an intersection that is currently yielding to a pedestrian.
- Pedestrians must give the driver of a vehicle the opportunity to yield.
Traffic Lights
Most laws only reference situations in which there are no walk/do not walk signs or traffic control lights. Even if you have a green light, you should always yield to pedestrians. In some cases, they may have a “walk” signal, regardless of what signal applies to your vehicle.
Crosswalks
Second, these laws only directly reference situations in which the pedestrian is within a crosswalk. However, intersections are usually considered to be “unmarked” crosswalks,” so the absence of a marked crosswalk does not necessarily mean the area isn’t considered a pedestrian right of way.
Officers Discretion
Finally, these tickets are often issued based less on the facts of the circumstances and more at the ticketing officer’s discretion. That is, they are a judgement call by the officer. This can be seen in both a positive and a negative light by a driver. On the one hand, an over-zealous officer might issue a ticket for a very minor situation (or in one that usually wouldn’t rate a ticket). On the other hand, because these tickets are so often issued subjectively, drivers have a good chance of fighting them in court—with proper legal counsel.
Why You Should Hire a Lawyer for a Failure to Yield Ticket
Your legal counsel can examine your situation in depth. Our legal team is not only intimately familiar with the laws and the errors commonly made by officers, but also with driving within New York City itself. We understand the various pressures and circumstances that surround drivers, and how they may mitigate an otherwise seemingly clear-cut situation, and how to argue on your behalf.
Contact us for a free consultation today! It’s our mission to not only defend you, but to do so aggressively, so that any traffic violations you may have been charged with have the least possible negative impact on your life. In many cases, you won’t even have to go to court!
