Failing To Yield

by Adam Rosenblum

Let’s start with the basics, why do we yield?  The answer is to keep drivers and pedestrians safe on the roads and to prevent accidents when one driver fails to yield to another.  Usually you can see who has the right of way, or which person should be allowed to proceed first on the road, because signs yield signs are posted.  However there are several situations in which a sign may not be posted and knowing the rules of the road can keep you and other motorists safe on the road.

Generally, When Should I Yield?

  • When you see a yield sign, slow down or stop if needed and allow other vehicles the right of way (to proceed) ahead of you.
  • Yield to pedestrians within a crosswalk.
  • Yield to pedestrians on the sidewalk when exiting a driveway or private road.
  • When turning left you should yield to any pedestrians and oncoming cars.
  • At an intersection without a traffic signal you should yield the right of way to any vehicle approaching from the right.
  • If you come to an intersection with 4 stop signs, you must yield to the first vehicle that comes to a complete stop at the intersection.  Should two vehicles stop at the intersection at the same time, the vehicle on the left should yield to the vehicle on the right.
  • You should remember that when other drivers on the road are required to yield the right of way to another driver, other drivers on the road should be prepared to yield as well.
  • IMPORTANT: New York requires that you stop completely for a bus that has pulled over with its red signal lights flashing.  

What Are The Fines And Penalties For Failing To Yield?

The penalties and fines vary depending on which violation you are being charged with.  Generally speaking if you fail to yield to an emergency vehicle the fines and penalties are more severe.  New York Vehicle & Traffic Law codifies

CLICK HERE - Failing To Yield Ticket Costs & Fines Associated

§ 1140 – Failed to yield the right of way when approaching an intersection 

1st offense

$150 fine and $85 surcharge

3 points
2nd offense in 18 months

$300 fine and $85 surcharge

3 points
3rd offense in 18 months

$450 fine and $85 surcharge

3 points

 § 1141 – Failure to yield the right of way when turning left 

1st offense

$150 fine and $85 surcharge

3 points
2nd offense in 18 months

$300 fine and $85 surcharge

3 points
3rd offense in 18 months

$450 fine and $85 surcharge

3 points

 § 1142 – Failed to yield right of way at a Stop Sign or Yield Intersection

1st offense

$150 fine and $85 surcharge

3 points
2nd offense in 18 months

$300 fine and $85 surcharge

3 points
3rd offense in 18 months

$450 fine and $85 surcharge

3 points

 § 1143 Failed to yield right of way when entering roadway 

1st offense

$150 fine and $85 surcharge

3 points
2nd offense in 18 months

$300 fine and $85 surcharge

3 points
3rd offense in 18 months

$450 fine and $85 surcharge

3 points

 § 1144 Failed to yield right of way to an emergency vehicle 

1st offense

$275 fine and $85 surcharge

3 points
2nd offense in 18 months

$450 fine and $85 surcharge

3 points
3rd offense in 18 months

$750 fine and $85 surcharge

3 points

§ 1144 (b) – Failed to yield when Approaching a Parked, Stopped or Standing Authorized Emergency Vehicle or Hazard Vehicle

1st offense

$275 fine and $85 surcharge

3 points
2nd offense in 18 months

$450 fine and $85 surcharge

3 points
3rd offense in 18 months

$750 fine and $85 surcharge

3 points

§ 1145 – Failed to Yield At A Rotary Traffic Circle

1st offense

$150 fine and $85 surcharge

3 points
2nd offense in 18 months

$300 fine and $85 surcharge

3 points
3rd offense in 1§ 1145 Failed to Yield at traffic circle 8 months

$450 fine and $85 surcharge

3 points

§ 1146 Failed to exercise due care for bike/pedestrian or animal

1st offense

$150 fine and $85 surcharge

3 points
2nd offense in 18 months

$300 fine and $85 surcharge

3 points
3rd offense in 18 months

$450 fine and $85 surcharge

3 points

§ 1146- Approaching horses (a)

1st offense

$150 fine and $85 surcharge

3 points
2nd offense in 18 months

$300 fine and $85 surcharge

3 points
3rd offense in 18 months

$450 fine and $85 surcharge

3 points

Do I Need An Attorney?

You should hire an attorney for your traffic matter.  Failure to yield tickets carry heavy fines and will amount to points on your license.   In addition, judges are authorized to impose jail sentences based on the violation.  If you are charged with a violation, consult an attorney today to see what penalties you are exposed to.

An attorney is in the best position to help you reduce your exposure to excessive fines and keep insurance premiums at a minimum.  In some cases an attorney may be able to get your ticket dismissed all together.

Author Bio

Adam H. Rosenblum of The Rosenblum Law Firm is a traffic ticket lawyer licensed to practice in both New York and New Jersey. He also handles complex NY & NJ driver’s license mattersspeeding tickets and criminal offenses.