Failure To Yield The Right Of Way in NY Has Many Variations

140 Comments

Failing to yield the right of way carries 3 points and roughly a $150 failure to yield ticket cost. There are multiple ways to fail to yield the right of way and, therefore, it is not uncommon for police officers to issue them under the wrong section of law. If so, this often provides a strong grounds for dismissal.

The most commonly issued such ticket is failing to yield the right of way to pedestrians. Driving close to a pedestrian who is walking in the street is enough to be given a ticket. The precise standard is failure to use due care to avoid colliding with a pedestrian. Vehicle And Traffic Law Section 1146.

For Failure to Yield in NYC, New York City has a similarly worded traffic regulation under Section 4-04(d) but also has Section 4-04(b)(1) for situations where there are no traffic control or pedestrian control signals (or inoperable ones) which states: “*** the operator of a vehicle shall yield the right of way to a pedestrian crossing a roadway within a crosswalk when the pedestrian is in the path of the vehicle or is approaching so closely thereto as to be in danger.”

The next type of failure to yield involves stopped and moving emergency vehicles. The first type (and second most common overall) is failure to “move over” for stopped emergency vehicles. New York’s move over law is relatively new and requires motorists to move over (or at the very least slow down) when approaching vehicles displaying red, blue, amber and/or white lights (ex. police cars, ambulances, tow trucks, snow plows and other vehicles performing road maintenance, construction or repair).  We see many of these types of tickets being issued under Vehicle and Traffic Law Section 1144-a.

The second type of failure to yield to emergency vehicle law involves moving emergency vehicles and is governed by Vehicle and Traffic Law Section 1144.  It states that a motorist shall move over to the right and stop when a vehicle displaying an illuminated red light(s) and sounding audible signals is approaching it from the rear.  The keys here is that one cannot violate this statute if the emergency vehicle is not coming from behind you (although prudence and safety dictate that you yield anytime you see flashing red lights or hear a siren).

The next types of failure to yield the right of way involve intersections.  Vehicle and Traffic Law Section 1140(a) states that a driver approaching an intersection shall yield to another vehicle that is already in that intersection and Section 1140(b) states that, when two vehicles approach an intersection at the same time, the driver to the left should yield the right of way.

The next type of intersection right-of-way law involves left-hand turns and requires a motorist turning left to yield to the right of way to on-coming traffic.  Vehicle and Traffic Law Section 1141.  Similarly, under Section 1142(a), a motorist with a stop sign must stop and, then, yield to other vehicles already on the roadway or near approaching.  And, of course, a motorist with a yield sign must slow down or stop in deference to other motorists and pedestrians.  Vehicle and Traffic Law Section 1142(b).

Finally, a motorist entering or crossing a roadway from a driveway, alley or any other entry other than a roadway, shall yield the right of way to other vehicles already on that roadway.  Vehicle and Traffic Law Section 1143.

As you see, the many varieties of this type of violation make it ripe for error.  If you are issued such a ticket, you should look up the particular section of law under which you are charged to make sure it is correct.

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140 Comments. Leave new

  • Good morning! I received a ticket for failure to yield at a rotary. As I was approaching the rotary, I looked ahead, right and left and there were no pedestrians or cars so I continued on. Cars would have been approaching on the left side of me. I was pulled over for not slowing down. Since I was approaching and could see clear, I continued on. Should I fight this citation? Thank you.

    Reply
    • Michele,

      You should plead not guilty as this is the only way to possibly save points and money. How you approaching fighting this ticket depends on in which court your case is to be adjudicated.

      Matthew Weiss

      Reply
  • I was at a light making a left turn it was oncoming traffic I went before they went and I was pulled over and given a ticket for 403 A1 is that the correct write up thank you for your help

    Reply
    • Anthony,

      Yes, this is the right section as this law governs yielding to pedestrians as well as on-coming vehicles.

      Here is the precise regulations: “Vehicular traffic facing such signals may proceed straight through or turn right or left unless a sign at such place prohibits any such movement. But vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.

      Matthew Weiss

      Reply
  • Hello…my BF was coming home from work the other night late (he does security) and was in a designated right turn lane that curved into the turn and had a yield sign. In the lane to the left that continued straight, there was a no turn on red sign hanging from the light. He proceeded into the turn and yielded but there was no-one on the road at that hour anyway. He then got a ticket for making a right turn on red without stopping and a failure to yield. He didn’t think the no turn on red sign pertained to the designated curved lane. He would like to fight the ticket.

    Also, he is on a conditional license and does getting this ticket affect that situation?

    This was in Suffolk County, NY – driving west turning onto County Road 105 – to go north (Cross River Drive)

    Thank you for your time.

    Reply
    • Debbie,

      With a conditional license, you are NOT allowed to get ANY moving violation. Therefore, he needs to definitely fight this red light ticket.

      Matthew Weiss

      Reply
  • I received a similar ticket yesterday for a left turn with a green arrow where the officer said the pedestrians waiting on the corner were crossing. He stopped another vehicle that was in front of me as well, and I received two duplicate tickets for 403a1, presumably because there were two pedestrians waiting on the side of the street?

    Also, the officer’s badge number did not match the “officer ID number” on the tickets, and the officer gave me the other driver’s license and tickets, and I had to tell him, “this isn’t me.”

    I’m definitely contesting this – is it common for the NYPD to issue duplicate citations?

    Reply
  • Hi, Mr. Weiss
    I received a ticket for not letting a pedestrian cross on 5/16/2015. I had the green light making a left turn. and she had a sign with her hand for no crossing. I had hearing day on 6/8/16, the police officer said he could not see her hand waved at me because he was in her back. I still got $138 fine and 3 points deduct. I want to know if I can appeal the decision? what should I have to provide as evidence? and how to?

    Thank you.
    Helen

    Reply
    • Helen,

      Because you lost your hearing (and apparently did not have an attorney defending you), I would not bother appealing. Your odds of winning are very low. Further, you cannot introduce “new” evidence on appeal. You can only argue about the evidence and testimony that is within the record (i.e., hearing transcript).

      Matthew Weiss

      Reply
  • Lori Johnson
    May 22, 2016 3:45 pm

    Hello,
    I received a ticket for failure to yield the right of way on a left turn resulting in the other driver hitting my right back passenger door. Sec.1141. No injuries. In my opinion the other driver did not slow or break. I have a clean driving record. On the ticket it gives a court date, or says to plead non guilty and mail it in. I’m not sure what to do. I read I will receive $150 fine and 3 points. Can I get points reduced if plead guilty and explain my case in court? Can I get points reduced by taking the driving course online? Is there a way to only get a fine and no points? Any help is greatly appreciated.
    Lori

    Reply
    • Lori Johnson,

      If you received this ticket outside of New York City and Rochester and if you plead not guilty, then you may be able to plead this down to a less serious charge. Alternatively, you can take the NYS Driver’s Safety Class which will knock the points off. I suggest you try the former first. Good luck!

      Matthew Weiss

      Reply
  • My son just got a ticket at 10 o’clock at night for not yielding to a car that didn’t have lights on in Lakewood Ohio

    Reply
    • Eric,

      I’m sorry to hear about your son’s misfortune. He should plead not guilty as this is the only way to possibly get a more favorable result.

      Matthew Weiss

      Reply
  • Hi Matthew,

    First of all– thanks for running such a helpful blog!

    I didn’t see a way to respond to your reply on my prior post (“Dan – January 2, 2016 1:34 pm”), but I have a few more hopefully quick questions , if you’d be so kind.

    This concerns a January 2015 1144a ticket issued in Nassau County; I plead not guilty at my scheduled appearance in March 2015, was told I could not receive a plea deal for this type of offense and finally received my trial notice about a week ago; trial is scheduled for early June.

    The notice assigns a $233 fine with no mention of points. I know this offense typically carriers 3 points; if i mail in the listed fine, I’m assuming I am also issued points (even though it doesn’t say it on the notice).

    I’ve been told on the phone that I can appear before my trial date to attempt to plea bargain to a lesser offense– even after I gave them the ticket information on the specific offense. I already tried this back in March of last year and was told I could not plea bargain this offense down. Have the circumstances changed now that i’m approaching trial? I’d prefer not to miss a (half)day of work with no chance of lowering the offense. Does having an otherwise clean record or having already appeared work in my favor? Is this conference any different than the appearance I already made?

    Once again, thanks very much.

    -Dan

    Reply
    • Dan,

      If you pay the $233, then you WILL also get 3 points assigned to your license.

      If you, instead, continue to fight it, then a second appearance in court may result in a plea offer (especially if you appear on your trial date). However, there is no guarantee that one will be offered (even with an otherwise clean record). If you do not want to miss time from work, then you can retain a NY traffic lawyer to appear for you.

      I hope this helps. Good luck!

      Matthew Weiss

      Reply
  • Sandra Ayala
    May 12, 2016 3:09 pm

    I received a ticket for not letting a pedestrian cross. I had the green light making a right and he had a sign with the hand for no crossing. I still got the ticket on 10/29/15. I really though this was a prank.
    I was issued a ticket , which I never received a traffic violation ticket before. After a couple weeks a hearing was requested. and 6 months later I get the hearing date. I happened to recognized the pedestrian and found him and have him come to the hearing.
    Guess what I still had to pay. It is interesting how this government is just trying to get money from people. Really disgusting.

    Reply
    • Sandra Ayala,

      Sorry to hear about your misfortune. NYC is always grabbing money from its residents and its uses its traffic laws as a way to “tax” its residents.

      Matthew Weiss

      Reply
  • Hello,

    I have a NYS license and was driving in Manhattan and made a left turn when the crosswalk was clear. I was pulled over and given a ticket for failure to yield to pedestrians, violation: 4-03a1. The pedestrians were approaching the curb when I was turning and then stepped off the curb once I was in the middle of the turn. Would it be possible to fight this or would it do more good then harm?

    I have seen in previous comments that this is 3 points and a $150 ticket. Does this vary at all?

    Thanks,
    Stephanie

    Reply
    • Stephanie,

      You have nothing to lose by fighting this ticket. The fine roughly and the points (3) remain the same if you fight it or not.

      Good luck!

      Matthew Weiss

      Reply
  • Thank you for taking the time to answer. This is an awesome blog!

    Reply
  • Hi! I got a 403.a1 ticket today for failure to yield to a pedestrian. There was no stop sign. The light was green for me. Solid green. I was on the 3rd left lane . The pedestrian was standing next to the parked car on the 1st lane starting to cross. What can I do about this ticket? Will I be issued points?

    Reply
  • I got into an accident and was issued a failure to yield ticket. I was taking a left turn to get onto an interstate and was hit on the passenger side to the rear of my vehicle by an oncoming vehicle. There is no yield sign, stop sign or traffic light at this intersection. I was issued a ticket for a failure to yield.

    I mistakenly turned without a clear view of oncoming traffic. This intersection had three lanes of oncoming traffic but the two closest to me were stopped and allowing me to turn. It was third lane that I was crossing that contained the vehicle that hit me. Do I have any grounds to fight this ticket? I know I was at fault for the accident, but I feel this ticket isn’t deserved as there are no signs or traffic lights at this particular intersection. The in “Violation of Code Section” is blank with the “State Law” box checked.

    Reply
    • Pat,

      Did the police officer see the accident or did he arrive after-the-fact? If the latter, then you have an argument to dismiss it based on the lack of any firsthand witness. In any event, perhaps you can negotiate this down to a 0-point ticket and avoid the risk of a trial.

      Good luck!

      Matthew Weiss

      Reply
  • I received a ticket 1140 (a) this morning for failing to yield to a police car but his lights were not on, should I plead guilty or not guilty.Thanks!

    Reply
    • Manny,

      This ticket carries 3 points and roughly a $150 fine. Whether you fight it (or not) is your call and depends on a variety of factors including your driving record, the court in which your case is pending, your defense, etc. I therefore cannot answer this question given the limited information provided. I can say that you will not be penalized for pleading not guilty and trying to fight. The points and roughly the fine remain the same.

      Matthew Weiss

      Reply
  • I was leaving a parking lot and turning left I was at a complete stop I waited for a vehicle to pass and started to turn…I saw the officer and stopped before I had fully pulled out (still in parking lot) he waved me to go then hit the lights gave me a ticket for failure to yield while turning left ….unfortunately my license was suspended so I got a 2 for 1…anyway if I stopped why did I get pulled over??? (i didn’t know my license was suspended recently moved never got a notice from dmv)

    Reply
    • Aprilmay,

      It sounds like you were pulled over because the officer felt your initial “pull out” constituted a failure to yield (despite your belated stop).

      Matthew Weiss

      Reply
  • I got a ticket after a small accident for “FAIL/YIELD RIGHT-OF-WAY” . This is my first offense/ traffic violation and i was not aware that they give out tickets when you get into accidents. The scene is this: i was trying to merge onto the left lane that was going to turn into one lane. I had my blinker on and was slowly making my way into the lane when the truck behind me sped up to not allow me to come in and scraped the side of my car. His truck had no damage, and my car has a small dent and scrape along the back left door. The police officer claims he gave us both tickets, (i have no way of actually knowing if he gave the other guy a ticket). He said to just plead guilty because they most likely won’t charge me because they know it’s an accident. However, after looking up the NYS laws it says this type of ticket can cause me 3 points, is this true? will i for sure gain the 3 points? Is it worth fighting it? It was a small scratch on my car, nothing happened to the other driver, and it wasn’t a big deal really, so will i gain 3 points? What are my chances of fighting it or not having those points in the first place? how long will those points remain on my license? Thank you so much!

    Reply
    • Maria,

      Yes, a failure to yield ticket carries 3 points in New York. Therefore, it is worth fighting it. Your chances of avoiding points depends on a variety of factors. However, the bottom line is that you should plead not guilty as this is the only way to possibly save the points.

      Matthew Weiss

      Reply
  • I was making a turn, I stopped and the pedestrian signal me that I can go and I proceed to go. A police officer stopped me and gave me a ticket 403A1. I know this is 3 points of my license. Any advice please. Thanks

    Reply
  • Hi,

    I received a ticket for failure to yield to pedestrians. I have a NJ driver’s license and the officer mistakenly listed my driver’s license state as NY on the ticket. He also referenced NY 4-03 (A) (1) as the violation – but when I looked this code up it lists (4-03) Traffic Signals, (A) Traffic Control Signals, (1) Green Alone. Is this what he should have referenced? I feel like 4-04 (B) (1) was the proper violation?

    If these are in fact errors, is this grounds for dismissal of the ticket?

    Reply
    • John,

      The mistake listing the wrong state of your license does not render your ticket fatally defective. The wrong section (if it in fact is wrong) is a strong defense to a traffic ticket so I would raise this argument at your hearing or trial.

      Good luck!

      Matthew Weiss

      Reply
  • I recently had an incident where a woman walked into my car while crossing the street. She was fine at the scene but then went to the police station 2 hours later to file an accident report. A few days later I receive a summons in the mail for failure to yield to pedestrian with injury – admin code 19-190b.
    The service seem improper (via mail and the PO never came to the scene). In addition, there was no hearing date listed, no driver’s license listed and he crossed off the section on the summons that stated that he personally observed the violation. Do you think this would be dismissed at a hearing? These summones are being heard at the ECB,

    Reply
  • Matthew, I appreciate the quick response. You’re awesome. 3 more quick questions.
    -Out of curiosity, why is it not worth fighting the ticket? Is it because the chances of winning (even though I wasn’t at fault) are too slim?
    -Also, I do drive in NY pretty frequently (and have gotten a couple tickets here), why does that make a difference?
    -Lastly, Any benefit in trying to push off the ticket? I appreciate your advice.

    Reply
    • Vin,

      Answers in bold below.

      -Out of curiosity, why is it not worth fighting the ticket? Is it because the chances of winning (even though I wasn’t at fault) are too slim? Yes.
      -Also, I do drive in NY pretty frequently (and have gotten a couple tickets here), why does that make a difference? NY will keep track of your convictions here and penalize you here just like a NY driver gives penalizes. For instance, if you get too many points here, you will be suspended in NY and suspensions will be honored in other states.
      -Lastly, Any benefit in trying to push off the ticket? Yes, delaying is a good strategy because, with time, an officer could lose his notes, forget the facts, etc.

      Reply
  • Matthew, I got a 403a1 for failing to yield for pedestrian (even tho she wasn’t in crosswalk and I did stop mid road). I have a MD license. Any advice appreciated

    Reply
  • Hi Matthew,

    I was issued an 1144a ticket in January 2015 for failing to switch lanes approaching a police vehicle occupied by an officer completing a prior traffic stop. I slowed down 10-15 mph when passing the vehicle but did not fully switch lanes. When being pulled over, the officer asked if I was aware of the “NYS Move Over Law,” and I replied (honestly) that I was not. The violation occurred on Sunrise Highway in Massapequa/Massapequa Park NY. There were not many cars on the road at the time, so I honesty could have and would have fully changed lanes if I was aware of the requirement.

    I appeared before a prosecutor at Nassau County Traffic Court and the prosecutor told me I must appear in court. I was never explicitly asked how I chose to plead, although the obvious implication was that I wanted to fight the ticket.

    Since now looking at the law, 1144a seems only explicitly require a motorist to switch lanes on a “controlled access highway” and more generally requires the exercise of “due care.” As I said above, I slowed down moderately and shifted to the left within my lane (and likely into the center lane), but did not fully change lanes. This area of Sunrise Highway is not a controlled access highway– is this any defense, given the fact that I did slow down (and have an otherwise clean record and had a positive interaction with the officer)? It sounds to me that the officer alone has the authority to decide whether to step down my ticket to a lesser offense– that he is essentially the initial “judge” for an offense like this.

    Any info you can provide would be greatly appreciated.

    Reply
    • Dan,

      VTL 1144-a is not limited to controlled access highways only. In regard to your handling of the situation, it sounds like an issue of fact that the judge will need to decide. In such cases, the credibility of the officer is given much weight so it sounds like it will be difficult for you to win at trial.

      With that said, good luck fighting this ticket. Let us know how you make out.

      Matthew Weiss

      Reply
  • On my way through Brooklyn, I was making a left turn through an intersection on a two way road (Bushwick Ave and Metropolitan Ave). After yielding to the traffic in front of me and making sure that there wasn’t anyone in the crosswalk I proceeded. At the last second a woman came into my view and at this point it was to late to avoid hitting her. I hit her going anywhere between 5-10mph, just enough to knock her off of her feet. She hopped up. After all said and done, the ambulance shows up evaluates her says there’s nothing wrong but she wants to go to the hospital. She went. Then the cops show up. Instead of just issuing a citation, in which the cop wasn’t even interested in doing, his supervisior came and issued me a court summons under the new vision zero law. Is there any chance you can explain?

    Reply
  • Hi,
    Today I landed in NYC and rented a car, while heading northbound on 8th Ave and before crossing 34th street, the cops were blocking the right lane (of four lanes) and had cones set up , I was in the right lane, a traffic cross cop was directing traffic and signaled me to go (I was waiting behind the pedestrian before crossing 34th with a green light), well due to their lane blockage and cops standing on the third lane, traffic backed up and the light turned red as I was crossing 34th. Right away the cops pulled 5 of us over and we all got spill back ticket and blocking a pedestrian cross walk. I don’t live in this country anymore but I do have a license from another state, can I contest the ticket? I have pictures and proof of this scheme, while sitting there for 20 min waiting for my ticket they stopped another 15+ cars, definitely a revenue maker for the city and totally illegal. Should I bother? I used to live in NYC, typically these things aren’t even worth it, but I’m annoyed at he scam. I should have given him my out of the country license…

    Reply
    • Kevin,

      If your out-of-state license is clean, then my advice would be to just plead guilty and pay the fine. This is a minor ticket and beating a ticket in any of the NYC Traffic Violations Bureau offices is difficult.

      Matthew Weiss

      Reply
  • Hi, I just got 2 tickets. I made a right turn from the middle lane. The first ticket is for the improper turn, I can barely read the ticket but I believe it says 1123A Description is Improper Turn (Right Turn From CN LN). The second ticket he gave me he said was because I didn’t yield to vehicles making the turn properly (from the right lane) this one doesn’t really make sense to me since I turned int the left lane and the vehicles turning from the right lane turned into the right lane. Is there any way I can fight either of these tickets or both?

    Also any way I can obtain copies of the tickets since the are very difficult to read?

    Reply
    • Abe,

      The VTL charge for an improper turn is 1163(a). I believe that you can argue that the tickets are duplicative. At the court, you can ask the officer and/or judge for a better copy of your ticket (although likely these copies are just as illegible).

      Matthew Weiss

      Reply
  • Just got a ticket, not for sure what to do, the new York officet said I went more than 100 feet middle of the lane. Asked where I lived. Don’t get it, I was in my lane and anytime I passed someone I put on my signal. How much would this ticket cost and will the points carry on to my. MA. License

    Reply
  • Abdelhalim taha
    October 30, 2015 10:36 am

    I was issued a summons today and it said on it 1144aa when I looked it up it said the move over law but the police officer was on front of me full stop out of his patrol car giving a ticket to another driver so I tried to pass from the left cause there was enough space for me to go on but he decided to pull me over and give me a ticket, and he put a full wrong address on the ticket

    Reply
  • Today i was stopped by a police due to fail yield to pedestrian. I was making a right a way when an ambulance and a police vehicle was to my right side on top of the pedestrian line, everybody was crossing the street while i stopped before the pedestrian line, then when there were nobody else i started to move, i was on top of the line when a women decided to cross the street from the middle of the ambulance an police vehicle, and i had to stop on top of the line in order for her to cross. Police stopped me due to not wait before the line. I have a picture, can i plead not guilty? Thanks

    Reply
    • Ammy,

      Yes you can plead not guilty. I recommend presenting, among other things, yous photograph at the hearing. You’ll need to print it out (rather than showing it on your phone screen).

      Good luck!

      Matthew Weis

      Reply
  • out of state plates
    October 2, 2015 4:14 pm

    I approached an intersection in lower Manhattan with a stop sign and no pedestrian signal. Pedestrians were, in my opinion, taking advantage…regardless I waited patiently for nearly 5 minutes at the stop sign with my right turn signal on as scores of tourist’s dawdled across the crosswalk. As a made my turn a woman stepped into the cross walk. Upon noticing her I also noticed a police car facing the wrong direction on this one way street. This threw me off, I wasn’t sure if the cop was driving towards me or what. Anyways I was pulled over and ticketed, the cop was as rookie as can be, and I am certain this was due to me driving a car with California plates. Felt like this was an unnecessary ticket.
    I have a clean driving record and would like to fight this, nut noticed you had said 3 points doesn’t affect insurance?

    Reply
    • Out of state plates,

      This ticket for failing to yield the right of way to a pedestrian does carry 3 NY points and will transfer onto your CA license. We therefore recommend that you plead not guilty and fight it.

      Matthew Weis

      Reply
  • Hi, I got a ticket for failing to yield to a pedestrian in nyc somewhere in lower manhattan in the Flatiron area.

    I was in the right lane with my right turn signal on at a red light waiting for the light to turn green. Light turns green. Pedestrians on my near side all cross over as i wait. From the opposite side, cars are (making a left from their point of view) already in the intersection and merging with me (2 lane road). I cannot see over the cars and taxis but apparently there are pedestrians behind the cars slowly making their way over to my side. There was no way for me to see this in my sedan.

    I told the officer i could not see due to cars from the other side of the road already covering the intersection and if anything they are in the wrong not me. He says “oh you trying to pass the blame”.

    Clearly he was just being a jerk and wanted to hit his quota. From your previous replies it sounds like $150 and 3 points. But you said NYC does not negotiate? Should I still bother fighting it? He said it would be a year before i get a court date.

    Thank you very much!!!
    Mike

    Reply
    • Mike,

      You have nothing to lose by pleading guilty and fighting this ticket (except your time or around $350 if you outsource this to a NY traffic lawyer). The fine and points remain the same (roughly $150 and 3 points) if you plead guilty, or fight it and lose.

      Matthew Weiss

      Reply
  • Wrongful ticket
    Be careful everyone
    entrapment in Walden
    they have policeman posing as regular people entrapping everyone at the crosswalk
    the policemen (aka pedestrian )are nodding for the cars to GO then ,
    after the cars go they pull you over for a ticket
    it’s entrapment!!!!
    UNBELIEVABLE!!!!!

    So basically you have the policeman posing as regular person ?
    (I know this because the cop that gave me a ticket said this to me )

    entrapment!!!! not right not fair ,not constitutional ,I’m calling all media for this overzealous police department!!!

    What I can’t understand is that cop car was six cars behind me !!!! Really absolutely disgusting!!!!

    Reply
  • Andres Pacheco
    August 25, 2015 3:16 pm

    Hello Matthew Weiss

    Matthew on the morning of the 13th of August I had a car crash, I’m in Albany, NY, I am in Albany for business purposes, what happened is that I was on my way to the Enery Learning Center, I had 2 lanes, each lane had a traffic light (1st time that I see this) both traffic lights were Green, and the guys next to me they turn left on the (only turn left lane) I was there aswell and I wanted to turn left, they did, when It was my turn I tried to turn left on my green when suddenly another car was coming straight,

    Let’s say I wanted to turn from South to West, the other car tried to cross from North to South, When I saw her, I stopped, she did also but because of the heavy rain she slide to mine and we had a car crash, she claimed to have the green light aswell, I had it also, I even pointed her the traffic light after the crash, IT was still green. BUT BUT…, the police came over they gave me a ticket with an appoinment (which I am still scared of) the ticket says, “failed to yield on right I think with -5 cond dmg,) btw nothing bad happened to us, just dmg on the side of the cars. Anyways I got my appointment this 27 of August..

    First time that i have a car crash and it wasn’t in my country, my manager says that it may be my fault, because, if both sides have the green light, I have to yield before crossing even If I have the green, I didn’t know that, It’s been a week since I had the car crash 🙁 I’m really scared because apparently I have to go to the court, and I don’t even earn $, the currency in my country (Venezuela) is so wrong, that a field engineer earns about 20$ monthly fee. But anyways is not their problem, It would be good if I can call you, on my ticket I have plea as guilty and as not guilty, I am guilty I really don’t know that, But If I plea as guilty , Will I be able to speak with someone?? I really want forgiveness because a fine would be impossible for me to pay.. and I don’t want my company to be involve in this problem.. Some friends tell me to don’t plea as guilty, because maybe she was also speeding during the rain, but it still my fault.. what can you tell Matthew? or any advice? I can show you the ticket and explain better.

    Thanks in advance.

    Regards

    Reply
    • Andreas Pacheco,

      You should plead not guilty. On your court date, you will be able to speak to a prosecutor and likely be able to negotiate this down to a less serious charge. With that said, the court is not likely to just dismiss the case and, therefore, you are likely going to have to pay a fine. The only way to avoid a fine is to insist on a trial but, from what you write, I believe you could possibly lose this case and, after a trial, may even receive a higher fine. A driver turning left must always yield the right-of-way to oncoming traffic and ignorance of the law is not a valid defense.

      Matthew Weiss

      Reply
  • Pankaj Gandhi
    August 23, 2015 8:20 am

    Good Morning,

    I was making a U-Turn and I did not see any vehicle coming from the other side. When I completed the turn and stopped my vehicle, I noticed a Cop behind me with the multiple lights on. She came to me and told me that She was on her way to a 911 call and now she had to deal with me as I failed to give her right of way. She gave me a ticket for failure to yield. My assumption is that she was driving way too fast that I could not see her when I made my decision to make a U-Turn. I might have also made an honest mistake and not made sure that there was no vehicle coming from the other lane. I have DE license and still have the car registered in NY. What should I do?

    Thanks

    Reply
    • Pankaj,

      This is a2 2-point ticket that carries roughly a $150 fine. If you have an otherwise clean driving record, it will not otherwise affect your privilege to drive or your insurance rates. Further, in NYC, there is no plea bargaining. So if you’re case is returnable in NYC, then it is hard to win. Of course, if you plead not guilty, there is no downside to fighting the case.

      I hope this helps you decide what you’d like to do.

      Matthew Weiss

      Reply
  • This took place in NYC:

    I was making a left turn, I had the green light, but pedestrians were crossing the street at the cross walk. A cop saw that I was slowly approaching the cross walk (allowing pedestrians to finish crossing) but the cop of course didn’t like that.

    Gave me a ticket that says I vioated 403-1A, and wrote in the description: “fail to yield to pedestrian in mark crosswalk”

    What are my options here? Should I bother to fight it? Any mistakes in the law here?

    Reply
    • Rob,

      Your options are to plead guilty or not guilty. If you do the latter, a hearing will be scheduled where you can fight your case. Pleading not guilty is the only way to possibly avoid points and fine. If you have an otherwise clean record, then you may not want to spending time or money fighting it because, by law, this one ticket cannot adversely affect your insurance rates and it only carries 3 points.

      Matthew Weiss

      Reply
  • While driving W/B on 86th Street in Brooklyn going in the direction of the lower numbered cross streets I made a right turn onto 5th avenue (going S/B). It was night time and I did not notice the no right turn sign hanging next to the stop light. (I am from Maryland) I was pulled over and issued a ticket for disobeying a traffic control signal / device. What is the purpose of a no right turn sign. I’m aware of no left turns at busy intersections as to not block the box and maintain the flow of traffic. But left turns are permitted at this same intersection. Please help me understand the logic. More importantly, is there anyway to defend this ticket with a better than good chance of ending up with a not guilty finding

    Reply
    • There are many purposes behind no right turn tickets including to keep tracking flowing and to prevent through traffic. The good news is that points from a NY conviction will not transfer onto your MD license.

      Matthew Weiss

      Reply
  • Mike Stevens
    July 21, 2015 3:59 pm

    I was trying to get into a “right only” lane but wasn’t allowed to pass by the driver to my right, so I may have entered the “right only” lane a bit too late. An officer stopped me and gave me an “improper turn” ticket (1163a).
    Does it make sense to plead not guilty? What are my options? It happened a bit too fast and I can’t recall exactly what happened.

    Do you know how many points this will give me? And how much it might increase my monthly insurance?

    Reply
    • Mike Stevens,

      An improper turn ticket carries 2 points and will NOT affect your insurance rates (unless you have any other moving violation convictions within 18 months). Many people fight such tickets to try and save the points and fine.

      Matthew Weiss

      Reply
  • Does anyone here know what yield means? In my country (Australia) as in the UK, we use the term give way. Here is what it means; If the pedestrian, for example, does not need to swerve, dodge, or take any other evasie action to avoid you, you are following the priority rule, if not, then you aren’t.
    So the rule ensures that pedestrians crossing at unsignalled intersections do need to pause, swered or dodge to avoid a turning vehicle. If the pedestrian is facing a ‘don’t walk’ signal (a red man in my country, as well as New Zealand), the they must necessarily be disregarding the signal telling them to stop, as if the turning vehicle had the right of way. Therefore, one might think that it’s perfectly legal to scatter away a pedestrian if your signal tells you to proceed if the way is clear, and theirs is telling them to stop. That seems to be what “dyrel” throught until he was given a ticket for failing to yield on a green arrow. He may have interpreted the section quoted above as requring him to give way to a pedestrian lawfully in the crosswalk and thought that turning in front of a pedestrian not permitted to cross didn’t count as failing to yield.

    Reply
    • Myrtonos,

      The word “yield” means that you must stop and allow the pedestrian(s) or other vehicle to proceed before you continue going straight or turning.

      Matthew Weiss

      Reply
  • I was issued a violation of 403A, failure to yield to pedestrian last month. I was making a left turn onto Northern Boulevard and was awaiting the oncoming traffic as I should be. The car in front of me was far ahead in the intersection and I was watching what he/she would do as they turned so as to avoid colliding. I made the turn when the oncoming traffic stopped and turned immediately into the gas station to pump gas. As I got out of my vehicle I noticed a PO standing by the pump but didn’t think anything of it. Apparently he said I did not yield to a pedestrian. I thought that was really strange because I’m a pretty good driver (and was driving a van full of disabled adults at the time so I am always extra careful). I was having a bad day and just let him do his thing without thinking about it. When he came back with my summons he told me the pedestrian was waving their arms at me and gave me the finger. How could I have missed this?! After thinking about it, I strongly believe that car in front of me turned a sharp left, cutting off the pedestrian, and I got stuck with the ticket. Can I even argue this in court? I’m on probation at work and can’t really afford an unpaid day off to deal with this, but it really grinds my gears to know that this PO wasn’t paying close attention. Also, he wrote the issue date of my license as the expiration date. Shouldn’t he know better?!

    Reply
    • Ashley,

      A minor error in the ticket is not enough for you to win. However, you can still plead not guilty and try and beat this case based on any substantial errors or omissions committed by the officer during the hearing. If you cannot attend court, then you can retain a NY traffic lawyer to appear for you.

      Matthew Weiss

      Reply
  • jon moskowitz
    June 5, 2015 8:14 am

    Hi Matthew
    I received 2 tickets while on 42nd and 6th and Manhattan . They were for making right hand turn from second lane ( improper turn violation 11634) as well as failure to yield ( which was bogus as there were no pedestrians that I did not yield for) . the officers were just pulling over piles of people and ticketing . the violation code for the failure to Yield was 4037(n it looks like on ticket) what does that mean? and can these tickets be beaten? and should they be separated to 2 different court dates. Thank you

    Jon

    Reply
    • Jon Moskowitz

      The failure to yield ticket is a 3-point ticket and likely for failing to yield to nearby pedestrians. You “can” possibly beat one or both of these tickets but, of course, I cannot predict the future. Finally, I do NOT recommend separating the tickets. This strategy actually reduces your chances for any type of success.

      Matthew Weiss

      Reply
  • I was driving friday on rt 20 to work and it had snowed I missed my turn and did a lane change and pulled into a turn around to complete a left turn and i was side swiped by a motorist going 55 but was unable to stop due to the snow the officer issued me a citation failure to yld right of way on left turn how do I yld right of way to someone behind me when I am already turning? is there a way to fight this?

    Reply
    • Mike Lavery,

      Yes, you can fight this by pleading guilty. If the officer did not observe the alleged offense, then you should win. Either way, you can try and plea bargain this down to a less serious offense.

      Good luck!

      Matthew Weiss

      Reply
  • I was pulled over for failing to yield for pedestrian as per PO. While waiting to make the left turn, I observed two pedestrian on the other side. When the light changes I waited for the vehicles to pass then I made a safe turn. The pedestrians did not attempt to cross either, they were still standing on the side walk. When the officer pulled me over he stated ” why did I failed to yield when the pedestrian was crossing”. I told the officer “no one was crossing so I do not know what youre talking about. I plead not guilty. Even my 4 years old son stating that they were standing on the side walk. Should I take him to court with me. Need your advice.

    Reply
    • Joan Foster,

      It sounds like a good defense but, of course, the officer likely will have a different version of events. This ticket carries 3 points and carries roughly a $160 fine. You may want to fight it, especially if you have any other convictions within 36 months.

      Matthew Weiss

      Reply
  • I currently reside in nc. I recently got issued a summons for failure to yield to a pedestrian at a crosswalk , according to the two officers that pulled me over and addressed me both at the driver window, stating I failed to yield and I know I can be arrested (go to jail) for it.
    I seen the a young man in white beginning to enter the crosswalk and as I passed through the crosswalk a male dressed in brown came from between the cars stopped by red lights in the middle of the street away from crosswalk intersection (jay walking on phone) I slowed down and after looking up , seeing me, he stopped and I drove by slowly.
    Officers asked if I seen the pedestrian . I said yes I did. He asked for my license and went to his car. Then his partner brought me a summons. I asked him which pedestrian were they speaking about? The one in the white or the one in brown. He said the one that went like this (the officer raised his arms and leaned back as if learning away from danger ) but never identified individual. At this point I knew he had no clue and in my opinion cited me cause cause of my out of state plates. I respect all officers but my Big white van with marine corps retired plates was the main cause for stopping me. Would like to fight but everyone says they will make it hard on me…??
    Any guidance?.

    Reply
    • Orlando,

      You can fight this ticket. The worse case is you lose and get 3 NY points and a fine. Further, a NY conviction will transfer onto your NC license so that’s another good reason to fight it.

      Matthew Weiss

      Reply
  • I was issued a failure to yield the right of way entering a roadway. There were no accidents. Cop pulled me over and said that he was on his way to a call and that he almost t-boned me. He had no siren or lights on. From where I was I had enough room to get out and was fully in the other lane when he passed me. He gave me a second ticket for obstruction of view as I had a rosary and air freshener hanging from my rearview mirror. Do I need to hire an attorney for this?

    Thanks
    Mary

    Reply
    • Mary,

      The failure to yield the right-of-way ticket carries 3 points. The obstructed view carries no points. If you have any otherwise clean record, you can fight this yourself. Of course, if you do not have the time or inclination, then a traffic lawyer can help you and save you the effort of appearing in court.

      Matthew Weiss

      Reply
  • i was driving down 86th street in brooklyn which has two lanes each way i was the first at the red light when the light turned green i made a left right away on the other side in the right lane was a ups truck in the left lane and in the right lane the fourth car was a cop he ticketed me for a faliure to yield ….. my question is if the first car waved me to go (or had a blinker on indicating he was turning left ) do i still have to wait or do i have the right to go ?(there was no other way for the other cars to go around) if i had the right to go how do i proceed in court ? (if u wanna know why didnt tell the cop when he pulled me over its because its the 2nd time i got pulled over and was nervous)

    Reply
    • Albert,

      Honestly, I cannot answer your question with the limited information that you provided. However, I still recommend that you plead not guilty. This is the only possible way to try and avoid the points and fines associated with this ticket.

      Matthew Weiss

      Reply
      • he wrote on ticket right of way failed to yield at intersection ….. if the car coming the other direction waved me to go is it still illegal for me to proceed? do i still have to wait ? the cop was the fourth car in my oncoming direction ….. is this ticket possiable to win in court or the judge will ask for proof ? (that 1- there was a ups truck in the oncoming right lane 2- the other driver waved me to go)

        Reply
        • Albert,

          If you can prove that the motorist waved you through, then this could be a viable defense for you. There may be other ways to beat this ticket so check out the other comments on this string (or call us to discuss).

          Good luck!

          Matthew Weiss
          212-683-7373

          Reply
  • I was just issued a ticket for failing to yield to a pedestrian in a northern suburb of NYC. I was behind 2 vehicles at a registration/inspection checkpoint. Both vehicles in front were asked to pull over. The officer waved me forward and then told me I failed to allow pedestrians to cross. I was already in te crosswalk because of the checkpoint he established when the pedestrians came up to the corner (the never stepped into the crosswalk.) and then he waved me forward. Thoughts? Seems like someone was fulfilling his quota.

    Reply
    • Michelle,

      This ticket carries 3 points and roughly a $200 fine. We therefore recommend that you plead not guilty. This would be the only way to possibly obtain a more favorable outcome.

      Good luck!

      Matthew Weiss

      Reply
  • today I has been issued a failure to yield right of way in the intersection. The intersection posesses traffic lights. I was turning left and I started to move after the light showed green. I did not see any vehicle going straight so I was turning left when a vehicle from the opposite direction suddenly appeared, thanksgod there was no collision. However, I was already in the intersection. It has been snowing heavily and police officer pulled me over only at the second traffic lights and gave me the ticket. because of the snow I think he cannot see the whole situation and its hard to say who was right or wrong. Can I win at the court? Thanks.

    Reply
    • Katisha,

      It is possible to win this case although it would be hard. In NYC, there are no deals so it is either guilty or not guilty. This ticket carries 3 points and roughly a $150 fine. Feel free to call us with any other questions.

      Matthew Weiss
      212-683-7373

      Reply
  • I got a ticket for failure to yield to pedestrians. I had a green arrow to me to turn left and the people had a red hand for them not to walk! the green arrow is only on for 10 sec. I was the first car to go and people started to cross very fast and I had beep my horn and they moved back. Was I wrong?
    can that ticket be beat?

    Reply
    • Dyrell,

      A failure to yield to pedestrians ticket carries 3 points. Even with the green arrow, you cannot proceed unless there are no pedestrians in the way. I know it can be frustrating when people ignore the pedestrian signals but, of course, safety of these pedestrians is paramount. With that said, you can still plead not guilty. Depending on your court, you may be able to plea bargain it down or possibly beat it at trial. You are very little to lose by fighting it.

      Matthew Weiss

      Reply
      • Does anyone here think that this law needs to be changed, so that it doesn’t apply on a green arrow?
        This is a road rule that would not feel logical to those on the autistic spectrum (diganosed or not) assuming they fit the stereotype, as many of us are stricter about following the rules than normal people, and probably even to a lot of technically minded men who don’t qualify for a diganosis would have the same problem with it.

        Reply
        • Myrtonos,

          I doubt that you will ever see such a change. For obviously reasons, drivers must ALWAYS yield to pedestrians (even with a green arrow).

          Matthew Weiss

          Reply
          • By the way “dyrel” was fined for honking at pedestrians, not for running them over. I can see a good safety reason to honk at pedestrians if your light is green and their arrow is red, why is it still illegal?

          • Myrtonos,

            In that case, it sounds like the ticket was issued for unreasonable noise. This is a 0-point ticket that carries roughly a $100 fine. It should not be issued, however, for warning pedestrians (although it can be issued for blasting a horn to scatter them away).

            Matthew Weiss

  • I was in a minor accident today. The stop sign had a small sign below it that warned of a lack of all-way stop that I mistook at a glance for all-way stop. I was charged with 1142A, not 1172A (thanks google) so my planned defense is “I didn’t run the stop, I mistakenly thought it was my turn”.

    Numerous locals stopped to offer help and all said this happens regularly at this intersection (usually much worse, it’s 2 55mph roads in the country).

    My goals:
    Get a light at this intersection (or at least an all-way stop)
    Squirm out of my ticket.

    My questions are:
    1) is there a way to find out just how many accidents have happened at this intersection recently?

    2) what kind of leverage do I have against the county highway department (apparently it’s their intersection).

    Any ‘free’ advice is very appreciated. My mother is a 62 year old disabled veteran and I totally jacked up her car. If I could convince the county that they should pay the repairs, it would make her (and my) life much easier.

    Reply
    • Pete,

      I’m sorry to hear about this incident. I hope no one was hurt.

      You can find out how many accidents have happened at this intersection by making a Freedom Of Information Act. You can make to the police department in the subject jurisdiction and/or DMV.

      From what you write, I do not think you have much a case to get someone else to pay for the car repair. Further, cases to prove negligent roadway design are difficult and expensive to prove.

      Your more pressing issue is convincing the prosecutor that the signage is confusing.

      Matthew Weiss

      Reply
  • In Nassau County, NY I had a ticket reduced from speeding to failure to yield, but was charged more than the maximum fine, fees and surcharge for the failure to yield offense.

    According to the traffic violation fine assessment I should have paid $210.
    1140-A FLD. TO YIELD $130 fine/fees $80 NYS surcharge $210 Total

    But what I was charged/paid:

    1140.A, FAILED TO YIELD RIGHT OF WAY $360.00 Total

    Unfortunately this wasn’t brought to my attention until yesterday, but I paid the ticket about 9 months ago. Do I have any recourse?

    Reply
    • Andre Verdi,

      It is improper to be charged more than the maximum fine for a violation. I am not convinced, however, that you were so charged. If you call me at my office I can check the fine schedule for this particular charge.

      Matthew Weiss
      212-683-7373

      Reply
  • I was issued a fail to yield to pedestrian @ intersection summons and the officer filled in IN VIOLATION OF 4031 is this correct? Can I get it dismissed on this or any other basis?
    Thanks
    Jack

    Reply
    • Jack,

      It sounds like the officer wrote you under the wrong section of law. At the Traffic Violations Bureau, most judges will defer to the “description of offense” on the ticket. That is, if the correct description is written, the TVB judge will disregard this error.

      Other than the state law (Vehicle And Traffic Law), there is a New York City Traffic regulation that governs yielding to pedestrians in New York CIty. It is entitled “Right of way in crosswalks” and is under Section 4-04(b)(1). Perhaps, the officer intended this section.

      This section states:

      (1) Operators to yield to pedestrians in crosswalk. When traffic control signals or pedestrian control signals are not in place or not in operation, the operator of a vehicle shall yield the right of way to a pedestrian crossing a roadway within a crosswalk when the pedestrian is in the path of the vehicle or is approaching so closely thereto as to be in danger.

      Anyway, bottom line, you should argue (among other things) that the ticket was issued under the wrong section but this likely won’t be enough to win unless the “description of offense” is wrong.

      Matthew Weiss

      Reply

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