Failure to Yield
Were you recently involved in a traffic accident in the Columbus metropolitan area that resulted in your being given a ticket for failure to yield? If so, you should speak to a Columbus traffic attorney about your failure-to-yield charge.
The fact that you received a citation for failure to yield does not mean that you are guilty of this offense or that you will be convicted of this offense. Oftentimes, a traffic lawyer can resolve your charge for failure to yield without your having to go to court. Depending on the facts of your case, this resolution may result in a reduced violation, a no-points violation, diversion (resulting in dismissal upon completion of a defensive driving course and paying court costs), or even a dismissal.
You may have the option of prepaying your traffic ticket. But the cost of prepaying a ticket may be greater than you think. Prepaying a ticket is the functional equivalent to a guilty plea, and you will be convicted of the offense charged in your ticket for failure to yield. Aside from the financial cost that must be paid to the court, a traffic conviction for a moving violation may result in points being added to your driving record, increased insurance premiums, and potential employment sanctions if you are required to drive a company vehicle for your employer. A conviction for failure to yield may appear on background checks run by current or future employers or professional licensing authorities.
Failure to yield ordinarily is a minor misdemeanor. But depending on the facts of your case and whether you have prior predicate traffic convictions, a minor misdemeanor offense can be elevated to a more serious offense that carries the possibility of community control sanctions and even jail time. Additionally, your license may be suspended if you accumulate 12 or more points on your driving record within a two-year period. These are just a few considerations when deciding whether to hire a Columbus traffic lawyer to represent you in your ticket for failure to yield.
For legal assistance with your Columbus traffic ticket for failure to yield, contact us at 614.695.5000 or online. Below is summary of the traffic offense of failure to yield, including the potential penalty and the points assessed if convicted of this offense.
Failure to yield.
The Ohio Revised Code contains a series of right-of-way rules, which are general discussed in the bullet points below:
- Controlled intersections. Under Ohio Revised Code Section 4511.43(B), the driver of a vehicle approaching a yield sign must slow down to a speed reasonable for the existing conditions and, if required for safety to stop, must stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver must yield to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways. Notably, when a driver is involved in a collision with a vehicle in an intersection or junction of roadways, after driving past a yield sign without stopping, the collision is prima-facie evidence of the driver’s failure to yield.
- Uncontrolled intersections. Under Section 4511.41(A), generally when two vehicles approach or enter an uncontrolled intersection from different streets or highways at approximately the same time, the driver of the vehicle on the left shall yield to the vehicle on the right. This rule is subject to other more specific provisions in Chapter 4511 of the Ohio Revised Code, like when an intersection is controlled.
- Left turns. Under Section 4511.42(A), the driver of a vehicle intending to turn left within an intersection or into an alley, private road, or driveway shall yield to any vehicle approaching from the opposite direction, whenever the approaching vehicle is within the intersection or so close to the intersection, alley, private road, or driveway as to constitute an immediate hazard.
- Entering a highway from any place other than another roadway. Under Section 4511.44(A), the driver of a vehicle about to enter or cross a highway from any place other than another roadway must yield to all traffic approaching on the roadway to be entered or crossed.
- Public safety vehicles, coroner’s vehicles, and funeral processions. Sections 4511.45 and 4511.451 contain a series of right-of-way rules pertaining to public safety vehicles, coroner’s vehicles, and funeral processions. These provisions are not discussed here.
- For more information on right-of-way rules pertaining to pedestrians, click here.
Penalty for failure to yield.
Failure to yield ordinarily as a minor misdemeanor. The potential penalty for a minor misdemeanor traffic offense includes the imposition of a fine of up to $150, up to thirty hours of community service, and court costs.
But if, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, then failure to yield is elevated to a fourth degree misdemeanor. The potential penalty for a fourth degree misdemeanor traffic infraction includes the imposition of a jail term of not more than thirty days, an additional or alternative community control sanction plus reimbursement for the cost of this sanction, a fine of up to $250, and court costs.
And if, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, then violating a failure to yield is elevated to a third degree misdemeanor. The penalty for a third degree misdemeanor traffic infraction includes the potential imposition of a jail term of not more than sixty days, an additional or alternative community control sanction plus reimbursement for the cost of this sanction, a fine of up to $500, and court costs.
Community control sanctions generally can include residential placement, house arrest, drug/alcohol testing and treatment, specified education and training, community service, curfew, probation, etc. Under certain circumstances, the court also may order an offender to pay restitution to any identifiable victim who incurred economic loss as a result of the violation.
Points assessed for failure to yield.
A conviction on a traffic ticket for failure to yield carries 2 points in Ohio on an offender’s driving record. For more information on how the Ohio Bureau of Motor Vehicles (BMV) processes points for moving violations and the substantial penalty for excessive points accumulation, press Ohio BMV Points System.
Discuss your ticket for failure to yield with a Columbus traffic attorney.
Frequently a lawyer can appear in court and resolve a traffic case in the client’s absence, provided both the court and the prosecutor agree. This saves the client the aggravation of taking time off from work, fighting traffic to get to court on time, waiting for potentially hours for the case to be called, standing in long lines, and potentially having to do it all over again if the case is continued.
If you are seeking a traffic lawyer, contact us at 614.695.5000 or online. We offer legal representation to drivers charged with traffic tickets in the Columbus metropolitan area, including Franklin County Municipal Court, Bexley Mayor’s Court, Canal Winchester Mayor’s Court, Dublin Mayor’s Court, Gahanna Mayor’s Court, Grandview Heights Mayor’s Court, Granville Mayor’s Court, Grove City Mayor’s Court, Hilliard Mayor’s Court, New Albany Mayor’s Court, Obetz Mayor’s Court, Pataskala Mayor’s Court, Pickerington Mayor’s Court, Reynoldsburg Mayor’s Court, Upper Arlington Mayor’s Court, Westerville Mayor’s Court, Whitehall Mayor’s Court and Worthington Mayor’s Court.
We also offer legal representation to drivers charged with traffic tickets in other courts near the Columbus metropolitan area, including Circleville Municipal Court (Pickaway County), Delaware County Municipal Court, Fairfield County Municipal Court, Licking County Municipal Court, Marysville Municipal Court (Union County), and Madison County Municipal Court.
How Can We Help?
Following to close is prohibited by Ohio Revised Code Section 4511.34. Under this code section, the driver of a motor vehicle is prohibited from following another vehicle more closely than is reasonable and prudent, having [...]
Ohio law provides for two related types of offenses involving driving, texting, and use of electronic communication devices. The first offense is driving while texting. This offense applies to both adults and juveniles. The second [...]
I was talking to friend of mine who is a prominent attorney in town. He mentioned hiring an attorney to represent him on a traffic ticket for a moving violation that he received in Florida. [...]
What We Help With
Failure to Yield
Operation in Willful or Wanton Disregard of Safety
Operation without Reasonable Control of Vehicle
Driving Too Slow
Assured Clear Distance Ahead (ACDA)
Violating a Stop Sign
Disobeying a Traffic Signal
Disobeying a Traffic Control Device
Marked Lane Violation
Traffic Offenses Against Pedestrians
Ohio BMV Points System
Courts We Serve
Courts We Serve
Franklin County Municipal Court
Circleville Municipal Court (Pickaway County)
Delaware County Municipal Court
Fairfield County Municipal Court
Licking County Municipal Court
Madison County Municipal Court
Marysville Municipal Court (Union County)
Bexley Mayor’s Court
Canal Winchester Mayor’s Court
Dublin Mayor’s Court
Gahanna Mayor’s Court
Grandview Heights Mayor’s Court
Granville Mayor’s Court
Grove City Mayor’s Court
Hilliard Mayor’s Court
New Albany Mayor’s Court
Obetz Mayor’s Court
Pataskala Mayor’s Court
Pickerington Mayor’s Court
Reynoldsburg Mayor’s Court
Upper Arlington Mayor’s Court
Westerville Mayor’s Court
Whitehall Mayor’s Court
Worthington Mayor’s Court