Failure to Yield charges are very common in Prince William County. Due to the large amount of intersections and highway signs in the area it is easy to get confused or simply distracted. A failure to yield right-of-way ticket can be prepaid and is an infraction. However, it is 4 points off the driving record for DMV purposes and is a moving violation. In many cases, we can help avoid a conviction for this moving violation and we offer a free consultation to discuss your case. Feel free to give us a call at 703-273-4100 or use the contact form below and we would be happy to speak with you.
Right-of-Way in Prince William County
In the coming paragraphs we will highlight the statutes most often used in Failure to Yield charges. Many failure to yield cases in Prince William County involve accidents. While a failure to yield charge is an infraction, it is a moving violation and will result in a loss of points on the driving record. In addition, if the charge resulted from an accident, liability becomes an issue. Virginia Code §8.01-418 dictates that a guilty or no contest plea to a traffic infraction is admissible in any subsequent civil proceeding to determine fault. This is why in many of our accident cases where we feel that a lawsuit could come later we always plead our clients not guilty. This is because, even if the court ultimately finds our client guilty of the failure to yield offense, that finding is not admissible against them later in civil court.
§46.2-820: Right-of-Way at Uncontrolled Intersections
Virginia Code §46.2-820 governs those intersections where there are no signs dictating traffic pattern other than, perhaps, a stop sign. Essentially, when two vehicles approach or enter an uncontrolled intersection at approximately the same time, the driver to the left must yield the right-of-way to the driver on the right. Questions will typically arise in these cases as to who got to the intersection first as the word "approximately" has to be determined by the Judge or Jury to determine who had the right-of-way.
§46.2-821: Stopping or Yielding the Right-of-Way
In most cases involving not stopping fully at a stop sign in Prince William County, Virginia Code §46.2-821 will be the law violation charged. When there is a stop sign, the law requires making a full stop. The stop must be initiated at the stop line or, if there isn't one, to stop in such a way that you can view approaching traffic. In addition, while at the stop sign, you must yield the right-of-way to any approaching vehicle.
When there is a "Yield Right-of-Way" sign, a vehicle approaching an intersection must slow down to a reasonable speed and ultimately stop and yield if there is an approaching vehicle coming.
In stop sign violations in Prince William County, many of these can be reduced or dismissed depending on the traffic record. In stop sign cases involving an accident, more care must be executed in the case to avoid liability for the accident.
§46.2-826: Fail to Yield Right-of-Way from Private Road
§46.2-826 of the Virginia Code is a common charge in accident cases in Prince William County. The statute requires that a vehicle entering a public road from a private road, driveway, or building must fully stop before entering the highway. In addition, the entering vehicle must yield the right-of-way to approaching vehicles. Many times the summons an officer issues says FAIL YIELD R-O-W FROM PRIV RD. The only exception to this statute is if there is a traffic control device that says to do something different.
§46.2-863: Fail to Yield Right-of-Way as Reckless Driving
Virginia Code §46.2-863 makes it reckless driving to fail to yield when coming from a side road and entering a highway. Specifically, the statute requires that a person stop before entering a highway from a side road when there is traffic approaching. There is an exception that the individual does not need to fully stop when is a "Yield Right-of-Way" sign posted. However, the driver at the yield sign still does not have the right-of-way and still must yield if there is oncoming traffic. Of course, the best course of action is to simply stop when coming out of a side road onto a highway before proceeding.
We see these failure to yield as reckless driving cases a lot in accident cases Prince William County. Many of these cases happen because our clients see a vehicle approaching from a distance and make the turn onto the highway only to realize the approaching vehicle is traveling much faster than they anticipated. We can usually negotiate a reduction of the charge in these cases with proper preparation.
How We Can Help Your Failure to Yield Case in Prince William County
We have handled thousands of traffic cases and routinely work with the same Prosecutors and appear before the same Judges. We handle failure to yield charges in all Prince William County localities including the Town of Occoquan, Town of Haymarket, the Town of Dumfries, the City of Manassas, Manassas Park. In many cases we can appear for court on your behalf to negotiate a favorable reduction of your charge. In addition, we can go to trial as well if the case warrants it. In either case we want to get the best result possible for you.