Ned Michie
​Attorney at law

Charged with

​Fail to Yield?

Free Consultation and Reasonable Rates

Office in Charlottesville, Virginia
​
​​(434) 296-1198

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Personal Attention to Every Case

​Representing Central Virginia Clients 
​for Over 30 Years

Experience Matters

I've been honored to be chosen by multiple lawyers and law professors for
​legal representation of themselves or their family members on criminal and traffic cases. 
​Let me put my experience to work for you.

Failure to Yield

&

​Other Right of Way Violations

The outcome of all traffic cases
can be greatly affected by:

Whether You Decide to Hire an Attorney
&
20 COMMON ISSUES and DECISIONS ​
(follow the link to learn more)

Reckless Failure to Yield

Va. Code ​§ 46.2-863 provides as follows:

"A person shall be guilty of reckless driving who fails to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching on such highway within 500 feet of such point of entrance, unless (i) a "Yield Right-of-Way" sign is posted or (ii) where such sign is posted, fails, upon entering such highway, to yield the right-of-way to the driver of a vehicle approaching on such highway from either direction.

Code 1950, §§ 46-209, 46-209.1; 1950, p. 880; 1952, c. 671; 1954, cc. 225, 401, 458; 1958, c. 541, § 46.1-190; 1960, c. 510; 1964, c. 266; 1966, c. 694; 1968, c. 575; 1970, c. 521; 1974, cc. 222, 455; 1975, c. 633; 1978, c. 27; 1979, c. 86; 1981, cc. 333, 585; 1985, c. 148; 1989, c. 727."

Penalties
       As described on the reckless driving page, the judge is given a wide range of punishment possibilities in reckless driving cases, but in a "run of the mill" case involving a fender bender, the judge may well just stick with a fine if the defendant is convicted.
Virginia DMV Points - unlike other reckless driving convictions, a conviction of this offense results in only 4 negative points (versus 6), but of course the DMV can add additional penalties -- including license suspensions -- if a person has a bad record.

Non-Reckless Right-of-Way Infractions

    There are many other specific right-of-way laws the legislature has defined, but violations of these laws are traffic infractions rather than reckless driving.
See, generally, Va. Code  ​§ 46.2-820 through § 46.2-829,  Including:

• ​§ 46.2-820 Right-of-way at uncontrolled intersections, generally
• § 46.2-821  Vehicles before entering certain highways shall stop or yield right-of-way
• § 46.2-822  Right-of-way at circular intersections
• § 46.2-824  Right-of-way at uncontrolled "T" intersections
• § 46.2-825  Left turn traffic to yield right-of-way
• § 46.2-826  Stop before entering public highway or sidewalk from private road, etc.; yielding right-of-way
• § 46.2-827  Right-of-way of United States forces, troops, National Guard, etc.
• § 46.2-828  Right-of-way for funeral processions under police or sheriff's escort; improper joining of, passing through, or interfering with processions prohibited; use of high beam headlights and hazard lights by vehicles traveling in funeral processions
• § 46.2-828.1 Impeding or disrupting certain funeral processions; penalty
• § 46.2-828.2 Impeding or disrupting vehicles operating under a valid highway hauling permit
• § 46.2-829   Approach of law-enforcement or fire-fighting vehicles, rescue vehicles, or ambulances; violation as failure to yield right-of-way

Penalties
​     Convictions of non-reckless-driving failing to yield leads to just fines imposed by the judge (plus court costs) but can potentially affect liability for an accident on the civil side, depending on how the case is handled.
Virginia DMV Points -  these convictions generally lead to 4 negative points from the DMV, and of course DMV can add additional penalties -- including license suspensions -- if a person has a bad record.

A driver's right-of-way, however, is forfeited if he/she is speeding. This can be an effective defense to a ticket for failing to yield.
See Va. Code § 46.2-823.