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.
140 Comments. Leave new
Hi Matthew,
Thank you for having this page. I was pulled over in NYC for failing to yield to a pedestrian. I was making a right hand turn and the pedestrian was apparently entering the far side of the intersection. The officer gave me a traffic ticket. The description states “Failed to Yield to Vehicle/Pedestrian – NYC” and the code they listed is 4-03(A) 1. I have a NJ driver’s license. Can you advise the potential points from this ticket? Also, do you think I should go to court to appeal and if I did want to, can you offer what would be a good way to do that once in court?
Rachel Lembo,
If you are convicted, this ticket carries 3 points in NY and would transfer as 2 on your NJ license. If you fight it, it will be hard to beat because NYC does not plea bargain. Therefore, if you have an otherwise clean record, you may want to just pay this one.
Matthew Weiss
I received a failure to yield to a pedestrian and the officer cited NYC code section 4-03 (a) (1). The code for failure to yield to a pedestrian should be 4-04 (d). The code cited seems to be something else entirely. Should that invalidate the ticket on its face? I believe I have a good defense in any event. How much should I worry when I contest the ticket?
Alan Cohen,
This is a 3-point ticket. If your driving record is otherwise clean (for the last 36 months), then you do not need to worry too much. You still may want to fight it, however, in order to keep your license as clean as possible. The wrong section of law is a good defense if the written description is also wrong. Good luck!
Matthew Weiss
Hello. I just received a 4-03 (a)(1) when making a right hand turn and there was a bicyclist just entering on the other side of the street IN the crosswalk ON his bike riding it. Aren’t crosswalks meant for pedestrians? Is this worth fighting or will they just believe whatever the police officer says? She told me he had one foot down, but he was ON his bike not walking it… I have never gotten any points on my license and am always a very cautious driver. I don’t think this is a fair ticket especially if it involves points.
Thank you!
Alex
Alex,
NYC Traffic Regulation 4-03(a)(1) technically applies to “other vehicles and to pedestrians”, not bicyclists. I would make that particular legal argument.
Good luck!
Matthew Weiss
One NYC police issued ticket for nothing. He is just making his quota may be. I’ll face him in court. Judge must see video how I made a turn.
Shame on that police officer.
Yogesh Dangol,
So sorry to read this. Glad your fighting it.
Good luck!!
Matthew Weiss
A State Trooper gave me a ticket for failure to yield to emergency vehicle. What happened was I was going to say the State Parkway I disabled vehicle was on the Third Way in the left lane and it was being told by a tow truck the officer what’s in stock bull traffic I was in the front I stopped you have to tell me to wait for the vehicle to get moved over I waited events that to me wait till I get in the car I waited you got in the car and I left after that he pursued me and gave me a ticket for failure to yield to emergency vehicle we’ve been said if I received the ticket that he wanted me to wait till you got in the car and moved over to the side of the road
James Dailey,
You can plead not guilty and try and obtain a more favorable outcome via plea or even take it to trial.
Matthew Weiss
Pleases help
I got a ticket for failure to yield to a pedestrian in nyc and have everything recorded on my dash cam.
Did I break the law?
Rumble,
I looked at your video and do not see a violation. However, there is a blind spot to the left. Were there any other pedestrians in the crosswalk when you make your turn?
Matthew Weiss
No. the cop said it was the tall guy carrying the two bags in his hands ..
its a two way left turn lane (im in the right lane). if you watch again, theres a red suv making a left turn as well and you can clearly see him after i make the turn passing the crosswalk ..
also watch as the dark grey car ahead of me making a right turn( clearly broke the law in the video) the cop was taking off before i enter the crosswalk ..so it looks to me that he was going after that car but lost him and use me as a escape goat .
i got a failure to yield section 1143. how much is this ticket? and should i fight it ?. ( I’m a college student with a clean record, this was the first time i been pulled over) can i work a plea deal where they wont take points on my license ?
Jared G,
How much is this ticket? A failure to yield carries 3 points and roughly $150 fine.
Should i fight it? Yes.
Can I work a plea deal where they wont take points on my license? It depends on the court but possibly.
Matthew Weiss
I received a ticket for failure to yield to pedestrian in crosswalk. At night. 4 way stop. Moving less than 5mph bumped ped. no injury. Ped. refused to let me call ambulance. Pedestrian admitted to “running to make it across” to the police officer. Did not see ped. as was dressed in black. Charged under section 1151A. This seems to be wrong section. Do I have a good case? Do I plead not guilty. Has been more than 48 hrs, can I still mail plea of not guilty? Can not appear on appointed date.
Kevin, below is the full text of 1151(a). It seems like this section applies to your scenario.
Since you hit the pedestrian, I am not confident that you will beat this case very easily.
With that said, don’t let me discourage you from trying. Good luck and be careful!
Matthew Weiss
S 1151. Pedestrians` right of way in crosswalks. (a) When
traffic-control signals are not in place or not in operation the driver
of a vehicle shall yield the right of way, slowing down or stopping if
need be to so yield, to a pedestrian crossing the roadway within a
crosswalk on the roadway upon which the vehicle is traveling, except
that any pedestrian crossing a roadway at a point where a pedestrian
tunnel or overpass has been provided shall yield the right of way to all
vehicles.
I have the same ticket failing to yield to a pedestrian then a few weeks later have the same summons again failure to yield too pedestrian under the vision zero law what can I do
Carlos,
You should plead not guilty as this is the only way to possibly obtain a dismissal of either one.
Matthew Weiss
THANK YOU VERY MUCH SHOULD I GET A LAWYER OR NOT
received a 4-03 (a)(1) when making a right hand turn. the intersection in question has an island in the middle and i waited till the pedestrians where on the island before turning behind them (crossing in my turning path) and the pedestrians coming from across the street were also on the island as i turned. Since there were no pedestrians in the active crosswalk that i was driving through, how could this be failed to yield?
Omar,
I suspect that the police officer will testify that the pedestrians were nearby. If so, it will be your word against the officer’s (and guess who the NYC traffic judge will believe?).
Matthew Weiss
And what happens if i have the entire thing on video that shows the exact situation that i just described? Because i do have it on video and it clearly shows that the people crossing in front of me were out of the cross walk and the people coming towards me had not stepped into the cross walk as i moved through the intersection?
Here is the video
https://youtu.be/71CH6oiEuBw
what is fail to yield right of way 4522-01/462-863
David Ryder,
I don’t know what these numbers mean? Sorry.
Matthew Weiss
Good day Team. I received a ticket stating that I violated 4-03a1. I looked up that code and it deals with the right of way at an intersection with a green light. However, the intersection that I received the ticket doesn’t have any traffic signals nor does it have a stop or yield sIgn. Is this grounds enough to have this ticket dismissed? Please let me know, thank you!!
Carlton Abrams,
The wrong section of law is a strong defense. You will have to wait until your hearing to raise it, however.
Matthew Weiss
I went around a vehicle with his left turn signal on, as I thought he was slowing down and signaling me to go around him. The driver turned right to go left, this is why I thought this. I went around him and saw out of the corner of my eye, a vehicle turning into me. I whipped the wheel and was struck by the driver. I was issued a failure to keep right. My wife wants me to plead not guilty, and see if I can get the prosecutor to adjunct the ticket, if I do not get one in six months and pay the fine.
Terrance,
Especially since there was accident pleading not guilty is the right decisions. A you right, hopefully, you can negotiate this down to a less serious charge. Good luck!
Matthew Weiss
Hello Team,
I was in an intersection making a left turn when a car travelling from an opposite side came and hit me. I couldn’t see the car as there was another car making a left from opposite direction. There was only one lane from on coming traffic and the car that struck me, went on shoulder to over take the car that was making a left.
Regardless, I got issued a 1140A ticket. The traffic officer never interviewed me as to what happened. And if I read the above article right, he should have 1141/1142 ticket.
Please advice if the above makes sense and if I have a strong care against the given ticket.
Look forward to hearing from you.
Regards,
M
Murtuza,
Because it will be your word against the police officer’s, in my opinion, this is a strong case and, in NYC, they do not plea bargain. Sorry.
Matthew Weiss
Hi,
I got a ticket for failing to yield at a stop sign 1142A in Troy, NY. I submitted a plea by mail and got a reduced charge of 1 to 3. I have to pay a fine of 150 dollars but i wanted to know what exactly that meant and if the reduced charge still carries points?
Hope you can help!
Rose,
I don’t know what “1 to 3” means. Failing to yield the right of way is 3 points What did you plead guilty to instead?
Matthew Weiss