Failure to Yield or Stop – New City Traffic Violation Attorney
Many drivers who are operating their vehicles in New York, New Jersey and Connecticut find themselves ticketed for failure to yield while driving. Yielding when you are supposed to is important to ensuring proper traffic flows on the roadways and to protect drivers’ safety – yours as well as that of other drivers.
Failure to yield tickets are particularly vexing, as it may feel as if you made a judgement call about yielding with which the ticketing police officer did not agree. There are clearly defined laws on the books about when you have a duty to yield, and if you are issued a ticket for failure to yield, but you believe you acted appropriately in your situation, you should consult with a New City traffic violations attorney immediately so that you can fight your ticket.
There are many different ways that a driver can fail to yield to others who are sharing the roadways. Some of the most common situations include the following:
- Drivers must yield to oncoming traffic when they approach a yield sign. If it is unsafe to pass through the yield sign, a driver is required to come to a complete stop at the yield line before entering the crosswalk, or before entering the intersecting road. The driver has the right to proceed when doing so would be safe for the driver and any traffic on the roadway onto which the driver is attempting to enter.
- A ticket for failure to yield right of way at an intersection can be issued to drivers who fail to yield. Specifically, drivers have a duty to yield to other vehicles that have entered the intersection ahead of them. If two drivers approach an intersection at the same time, the driver to the left has the right of way first, and the driver to the right must yield to the other driver.
- When a vehicle is turning left, the vehicle must yield the right of way to oncoming traffic. Drivers that are making a left can proceed once it is clear to do so.
- Drivers are required to yield the right of way for cross traffic. Specifically, a driver who is attempting to enter a roadway or cross a roadway must yield the right of way to drivers on that roadway. A driver can proceed once it is safe to do so.
- Drivers must yield for and get out of the way of emergency vehicles that have their lights on or are sounding their air horn.
Failure to yield tickets are a bother, and you need to consult with an experienced traffic offense attorney if you want to fight the ticket that has been issued to you while you were driving in New York, New Jersey or Connecticut. Contact the traffic violations defense attorneys at the office of Phillip J. Murphy for help with your traffic violation in the area. We can offer you a free consultation on your case and detail your list of options moving forward.
Failing to Stop At Red Lights or Stop Signs
One of the most common traffic tickets that is issued to drivers is for failure to stop at red traffic lights or at stop signs. If there is a stop sign or a red light, you are required to obey it by New York state law. Failure to do so may result in a traffic ticket with unfortunate ramifications.
Failing to Stop at Red Lights
When a traffic signal is red, drivers are required to stop at the light, at the clearly marked stop line, or before entering the crosswalk. If there is not a stop line or crosswalk, then the driver is required to come to a complete stop before entering the intersection where the red light is located, in accordance with state laws. Drivers are required to stay put until the light changes, indicating that they are able to proceed.
Failing to Stop at Stop Signs
By way of example, New York drivers must comply with all traffic signs, and this includes stop signs. Under New York State Vehicle and Traffic Law Article 29, Section 1172(a), all New York drivers must stop at stop signs, by coming to a complete stop at the stop line, or before the crosswalk, before entering the intersection. Drivers are required to make a judgement call as to whether it is safe to proceed from the stop sign before they begin moving their vehicle again.
But physical stop signs at the corners of intersections are not the only kinds of stop signs that New Yorkers are required to obey. There are also mobile stop signs that drivers must obey during the day. Indeed, school buses also have stop signs attached to them that deploy when the bus is picking up or dropping off passengers.
New York State Vehicle and Traffic Law Article 29, Section 1174, for example, requires that all drivers make a complete stop for school buses on public highways, streets and private roads when the school bus has its flashing red lights and stop sign activated. Drivers are required to remain completely stopped until the school bus resumes motion, tucks its stop sign away, and its flashing red lights have ceased.
What are the penalties associated for failing to stop in this situation?
- A first time conviction of this offense is a fine of between $250 and $400, one month of jail time, or both.
- A second conviction of this offense within three years of the first offense and conviction is a fine of between $600 and $750, six months of jail time, or both.
- A third conviction or other subsequent conviction for a violation of this law within a three year year period results in a fine between $750 and $1,000, six months of jail time, or both.
If you have been issued a traffic ticket for failure to stop at a stop sign or red light, you need to consult with an experienced New City traffic offenses attorney. Contact the office of Phillip j. Murphy for a free consultation about your traffic citation and let us begin assisting you immediately.