Failed to Give Way When Overtaken: Fines, Traffic Points and Defense

Failing to give right of way when overtaken is considered a moving violation, and individuals found guilty of this violation could end up with some serious fines and penalties. Unfortunately, failing to give way when overtaken can cause serious traffic accidents, injuries and even death. Individuals who have been accused of this violation need to understand what it means, what the consequences are, and what to do about it.

Fines and Penalties

Individuals found guilty of their first offense of failing to give way when overtaken can expect to pay a fine between $50 and $150, or to spend 15 days in jail, or both. However, for only the first offense, most courts do not sentence the offender to jail time. For second and third offenses, however, the individual may actually receive between 45 and 90 days in jail and have to pay between $350 and $400. As the number of offenses rise, the penalties and fines become much more severe.

Traffic Points and Impact on Driving Record

The traffic demerit points given for a failed to give way when overtaken charge is typically 2. Individuals will receive these points for every time they are charged with this offense, and these points can accumulate quickly. Individuals who receive a certain number of these points within a short period of time may end up having their driver’s licenses suspended for 90 days, 18 months or longer. Depending upon the severity of the accident, the penalties and fines can be harsher. For instance, if an accident occurred, the fines are more likely to be larger, and then there is the possibility of a lawsuit. This can make insurance premiums increase as well.

Hiring an Attorney

It’s understandable that individuals who feel that they did nothing wrong would want to fight the charge. If they can prove their innocence, the charges can get dropped and the individual will not have to deal with the multiple consequences of being charged with a traffic violation. The best way to fight the charge is by hiring an attorney who is knowledgeable about traffic laws. Even if the individual is guilty, attorneys are more likely to receive lesser fines and smaller penalties for their clients than individuals are able to receive on their own.

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