Failure to Yield Violations

Failure to Yield to Pedestrian tickets is one of the most frequently issued tickets in New York City. These tickets can be handled in a DMV traffic court and in some cases OATH court. OATH (Office of Administrative Trials and Hearings) is a court in New York City that handles a wide range of cases including, violations of NYC rules and regulations, TLC (Taxi & Limousine Commission) matters, and idling engine cases.

Failure to Yield to Pedestrian cases are sent to OATH court when a driver fails to yield to a pedestrian or cyclist and it results in an injury. These summonses have initial fines of $250 and/or 30 days in jail depending on the severity of the accident. If the accident results in a fatality a hearing will be held at the Department of Motor Vehicles.

Conviction for a Failure to Yield to Pedestrian summons in OATH court can lead to a misdemeanor on your record.

Failure to Yield tickets can be coded in different ways but ultimately, they carry 3 points, a fine, and a surcharge issued by the state if you are found guilty. Below are some of the more frequent codes for Failed to Yield tickets and a small description of the violation. Fines for these violations start at around $138 for the first offense. However, violation code 1144-(a) carries a heavier fine of $275 for the first offense.

Failed to Yield Violation Codes – 1140-(a) – 1140-(b) – 1141 – 1144-(a)

Failure to Yield right of way to Emergency Vehicles is more commonly seen outside the 5 boroughs of NYC. These tickets are more commonly issued in the Long Island or Upstate regions of New York City. We have represented clients for Failure to Yield Right of Way to Emergency Vehicle tickets in multiple counties of New York State including, Chemung, Livingston, Westchester, Sullivan, Suffolk, and more.

In 2022 there were approximately 38,536 Failure to Yield tickets issued throughout the 5 boroughs of New York City. Tickets issued in New York City overall decreased in 2020 but are back on the rise. The number of Failure to Yield tickets increased compared to the previous year in 2021 and again in 2022. We’re a little more than halfway through 2023 and the total of Failure to Yield tickets written by the end of July is approximately 22,532. It is pretty safe to say that the total number of Failure to Yield tickets for 2023 will surpass 2022’s total.

Table 1

TLC Failure to Yield Tickets

Taxi & Limousine Commission (TLC) rules differ from those imposed on a regularly-licensed driver. A TLC license will be suspended for 30 days if a driver accumulates 6-9 points on their license. If a driver accumulates 10+ points, the TLC will revoke their license. For non-TLC drivers, the New York DMV will revoke your license for at least six months if you are convicted of three speeding and/or misdemeanor traffic violations within 18 months. The TLC also counts points from the date of conviction, while DMV counts from the date of offense. Failure to Yield tickets issued by a TLC officer can be eligible for negotiations with the court which could potentially lead to a reduction of points on the original violation.

Traffic Tickets in the 5 Boroughs vs. All Other NYS Counties

Clients often call us stating that they’re willing to pay a fine as long as they don’t accumulate any points on their license. Unfortunately, DMV courts in the 5 boroughs do not take plea deals or offer reductions on Failure to Yield tickets. The only way to avoid points associated with a Failure to Yield ticket in NYC is by getting a Not Guilty verdict or by having the ticket dismissed.

For New York traffic courts in all counties outside of New York City, we have the opportunity to negotiate with the court’s prosecutor. These negotiations often lead to partial reductions or full reduction of points. Unfortunately, we can never guarantee a reduction of points.

Ultimately, we always try our best to get our clients the best results possible no matter which court we are representing them in.

Conclusion

Hiring an experienced attorney gives you the best chance of beating a Failure to Yield ticket in court or avoiding the accumulation of points on your license. Experience matters when dealing with traffic tickets and Attorney Michael Block has over 35 years of experience fighting traffic tickets in court and getting positive results for his clients.