California has several traffic laws that address a failure to yield. In this blog, we will take a look at those and also discuss methods to avoid negligent operator treatment system (NOTS) points on your motor vehicle driving record (MVR); and thus, a higher auto insurance premium.
Failure to Yield to Overtaking Vehicles
Although CA Vehicle Code (CVC) 21753, Overtaking and Passing warns drivers, “…after an audible signal or a momentary flash of headlights by the overtaking vehicle…” the driver of the car needing to yield should move to the right and not boost their speed until passed. Failure to yield to passing vehicles could get you a traffic ticket.
Failure to Yield the Right-of-Way
CVC 21801, Right-of-Way, discusses turning left or completing a U-turn when there is oncoming traffic. When a driver is making one of these movements, they must “…yield the right-of-way to all vehicles approaching from the opposite direction…” Although this is common sense to most drivers, some try to push their luck, often with catastrophic consequences. Don’t be that guy or gal! Likewise, when the driver has signaled their intention to turn, other drivers should yield and allow them to finish their turn. Never push your right-of-way.
Failure to Yield to Emergency Vehicles
CVC 21806, Right-of-Way this is perhaps the most frequently ticketed of the failure to yield violations. This violation often occurs because of the driver’s panic when they see flashing lights and sirens in their rearview mirror, and they are temporarily at a loss for what to do. The code states that you must, “…drive to the right-hand edge or curb of the highway, clear of any intersection, and thereupon shall stop and remain stopped until the authorized emergency vehicle has passed.”
Plus, drivers in a priority lane should exit that lane if it is safe to do so, as those lanes are typically less traveled and offer the emergency vehicle better travel. Pedestrians should get to “the nearest curb” and stay there until the emergency vehicle has passed.
How to Challenge a Failure to Yield
Just because you got a ticket, doesn’t mean you were wrong. Just because you were wrong doesn’t mean you can’t challenge the ticket. Suppose a pedestrian was jaywalking, and the LEO wasn’t in a position to view the status of the traffic light? They could have been in a spot where they couldn’t tell if the light was green for you or not.
There are also instances where moving over for an emergency vehicle or a passing car would create another emergency or accident. Talk to a traffic law professional about your circumstances and follow their advice.
Contact a Traffic Ticket Attorney about Your Failure to Yield Ticket
Call Bigger & Harman, APC, (661) 349-9300, and get a free initial consultation about your traffic ticket or DMV NOTS Hearing appearance. Se habla Español (661) 349-9755.
We assist Kings County and other Central Valley drivers with traffic tickets and NOTS hearing regularly. That’s what we do. Give us a call or email: attorney@biggerharmanlaw.com.
References:
The 2020 CA Driver Handbook.pdf
CVC 21753, Overtaking and Passing, CVC 21801 & 21806, Right-of-Way