One of the most commonly cited violations related to pedestrian and driver encounters in New York is the Failure to Yield to Pedestrian violation. The failure to yield to pedestrian ticket is a 3 point violation
You can receive a Failure to Yield Summons if you do any of the following:
- If you drive past a crosswalk without yielding to pedestrians you can be issued a summons, regardless of whether or not there are traffic control signs (such as a STOP or YIELD).
- If you pass another car that is already yielding to pedestrians, you can be ticketed.
- If you do not give pedestrians the right of way at a traffic control device such as a Stop, Yield, or Traffic Light.
- If you do not yield to cars coming from the opposite direction while turning
There is Justification for Failure to Yield Summons if:
- A pedestrian jumps or runs from the sidewalk in an unexpected manner which does not give the driver a chance to yield.
- A pedestrian violates traffic control signals (such as walking into the road when drivers have the green light or right of way)
When driving, it’s important to recognize when a pedestrian is likely to cross. When making a right turn, you may have the green light but the pedestrian is also prompted to walk by traffic control signs. Remember that pedestrians always have the right of way at an intersection, regardless of whether or not there is a crosswalk.
Generally, the Failure to Yield to Pedestrian ticket is given under the police officer’s discretion. If a police officer feels that you are driving recklessly or putting the safety of pedestrians at risk, you may be given a summons.
If you’ve received a failure to yield to pedestrian ticket, we can help you fight it. Our advice is to not engage police officers in conversation because anything you say will be recorded in the officer’s notes and can be held against you in court. If you’ve received a ticket, email us at firstname.lastname@example.org or call 212-227-9008 for free legal advice.
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