EDMUND MICHIE, ESQ. ∣ 30+ YEARS EXPERIENCE; CRIMINAL, TRAFFIC, DUI, WORKERS’ COMP ∣ CENTRAL VA
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Picture Edmund R. Michie, Attorney at Law

Ned Michie
​Attorney at law

Charged with

​Fail to Yield?

Free Consultation and Reasonable Rates

Office in Charlottesville, Virginia
​

​
​(434) 296-1198
Call
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.

Appointment Times and Places

​Are Set For Your C
onvenience

    I've joined the modern movement of using a home office, which allows me to charge more reasonable rates than traditional law offices.  Who do you think is ultimately paying for an attorney's office rent, secretaries, and paralegals? -- you, the client.  When you call my office for an appointment, you will talk to me directly and we will mutually agree on a convenient time and place to meet, which for most clients is not in downtown Charlottesville where parking can be a headache.  
​
    Unlike some lawyers, I will not pressure you to hire me.
It is an important decision, and it is worth taking the time to make the right choice.

     I also will not give you unrealistic promises about how your case will turn out.

​It is always my goal to give you my honest opinion about the good, the bad, and the ugly of your case.
For a free consultation and/or to set up an appointment: 
Contact me.


(Click here for ore information about the consultation and fees)
​
​Edmund "Ned" Michie

Ph (434)296-1198


E-mail Contact

Mailing Address
(For All Business Correspondence)
P.O. Box 11
Charlottesville, VA 22902


Physical Home Office Address
1704 Concord Dr.
Charlottesville, VA 22901
(No Client Meeting Space)
Website's Legal Information:  

     The information provided on this website is public and is for general informational purposes only. It is not legal advice or counsel for any person's individual situation and should not be used as such. Mr. Michie is licensed to practice law only in the Commonwealth of Virginia, and all general legal information contained herein is applicable only in Virginia.    

      The information on this website does not establish any form of attorney-client relationship with Mr. Michie, nor does it create any implied contract or warranty.

     The legal information, the quoted Virginia statutes, and other legal references are checked and updated periodically, but the law changes constantly  -- which is another reason that actually retaining a lawyer is important.

    The latest version of laws can be found on primary Internet sources. (For example, the current versions of Virginia Statutes are available at the Va. Legislative Information System.)   
Keep in mind, however, that the most current version of a statute
​may not even be the version applicable to your case.

While we attempt to maintain the information on this website as accurately as possible, ​this information may contain errors or omissions, for which we disclaim any liability.


Please call Mr. Michie directly  at (434) 296-1198 if you have legal issues he may be able to help you with.  


Privacy
​

​​      Mr. Michie does not collect any identifiable personal information from you by your use of this website, unless you voluntarily choose to submit or otherwise disclose such information to him, including information submitted or disclosed by e-mail, filling out the embedded contact form, snail mail, telephone, fax, or other methods.  
​
    ​If you choose to communicate directly with Mr. Michie, all information you share is kept confidential per Legal Ethics Rules.  Mr. Michie may retain for his own records the content of your communication,
along with your contact information and any responses.

    The website collects general information about site traffic in order to make improvements to it. ​
  • Home
    • Do You Need a Lawyer for "minor" criminal or traffic cases?
  • Legal Services
    • Workers' Compensation
    • Criminal Law >
      • Abusive Language
      • Assault and Battery
      • Disorderly Conduct
      • Drug Possession
      • Larceny / Shoplifting
      • Obstructing Justice
      • Violating Court Requirements
      • Other Common Criminal Charges
    • DWI / DUI / DUI Drugs >
      • Other Alcohol Offenses
    • Traffic and Motor Vehicle Cases >
      • Driving Suspended, Revoked or as H.O,
      • Eluding Police
      • Fail to Yield
      • Hit & Run / Leaving Scene
      • Passing School Bus
      • Reckless Driving
      • Speeding / Speeding Reckless
      • Trucker Violations
      • Other Traffic Violations
    • Restoration of Rights >
      • Driving Privileges
      • Expungements
      • Gun / Firearm Rights
    • Personal Injury / Auto Accidents
  • About
    • Reasonable Fees and Free Consultation
    • Service Area >
      • Albemarle County Courts
      • Charlottesville City Courts
      • Fluvanna County Courts
      • Greene County Courts
      • Louisa County Courts
      • Madison County Courts
      • Nelson County Courts
      • Orange County Courts
      • Waynesboro City Courts
  • Contact
  • Blog