Failure to Yield: Common Defenses

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Though there are numerous commonly repeated traffic violations, the most often repeated one is the failure to yield. As failure to yield leads to numerous accidents, this violation is dealt with severely. If you do not yield to another driver to their right or do not yield to the other driver coming first in an intersection or do not stop vehicle at a pedestrian walk, it is referred to as failure to yield. Due to this, it is entirely possible to confuse the vehicle behind you leading to an accident. This type of traffic violation is penalized with traffic tickets, traffic points, fines and other kinds of penalties including imprisionment.  

Common Defenses

When the traffic cop is not ready to accept your explanation while charging you, you either have to pay the fine or undergo a trial. These are some of the ways of defending your case during the trial. 

  • Plead Not Guilty - The most common defense is to plead not guilty before the judge. If you have a clean record, chances of dismissal of the charges are more. Of course this needs to be substantiated in one form or the other.
  • Explain the Situation - Explaining in detail the actual situation can help you in defending yourself with this charge. This can help the judge to understand your position during the incident and what made you not to yield. Thus, you the judge either can dismiss your charges or at least reduce the penalty.
  • Poor Visibility - If you can prove that there was poor visibility during the time of incident or the display of pedestrian walk was not visible, then you could use it as your defense. Thus, you can stress the point that you were not able to see the vehicle for which you did not yield.
  • Legal Help - Most of the traffic violations and codes are highly ambiguous and hence it would be difficult to defend your case all by yourself. Thus, take the help of a professional attorney in your locality who has handled such motor vehicle infractions to represent your case.
  • Wrong Estimation - You could defend your case by insisting that you were not able to accurately estimate the speed of the vehicle approaching you and that is why you failed to yield right of way.

Getting Legal Assistance

Whenever you are charged with a failure to yield violation charge, you should better take the help of a traffic tickets attorney. As such attorneys have a deep knowledge of traffic laws; they can help you out in preparing a strong defense and tilt the case in your favor.

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