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Tag Archives: failure to yield to pedestrian ticket

Failure to Yield to Pedestrians in Crosswalks

As a lawyer who defends people who receive summonses for moving violations, I frequently represent clients for Failure to Yield to Pedestrians. These summonses are issued more in NYC than they are in the rest of New York State. VTL 1151 provides pedestrians’ right of way in crosswalks. (a) When traffic-control signals are not in place or in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk on the roadway upon which the vehicle is traveling, except that any pedestrian crossing a roadway at a point where a pedestrian tunnel or overpass has been provided shall yield the right of way to all vehicles. It does not matter that you drove into the intersection on a green light. As long as the pedestrian is lawfully in the crosswalk, you may not enter the intersection. The pedestrian has the right of way if he or she has entered the intersection with a walk signal.

Failing to yield to a pedestrian or give them the right of way can result in a 3 point summons. So far this year there have been 17,490 summonses issued for failing to give a pedestrian the right of way in New York City. That is an alarming number that unfortunately will continue to grow. This is a city of pedestrians. No matter what time of day there will always be a sea of people walking to and from their destinations. Be mindful of them as they cross the streets.  According to Mayor DeBlasio’s Vision Zero data, there are 22 pedestrians killed a year and 1,925 pedestrians injured yearly in the city. Safer driving is imperative! Always give pedestrians the right of way and stay off electronic devices while driving so you can give 100% of your attention the condition of the road.

A conviction for Failure to Yield to Pedestrians will result in three points and a minimum fine of $138. If you receive a summons for Failure to Yield to a Pedestrian you or your attorney must personally appear in court. You cannot plead guilty by mail or internet. If you have recently received a summons for this violation or any other moving violation in New York please contact me at my office at 212-227-9008 or via email at michaelblock.law@gmail.com.

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Failure to Yield to Pedestrian Ticket

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 michaelblock.law@gmail.com or call 212-227-9008 for free legal advice.

*Photo Credit: “Space Coast FL” By: Rusty Clark – hotfunkyradio.com/Source: Flickr

  1. Failed to yield pedestrian violation. . what are your fees for the fighting this type of ticket?

    Is the same price if you win or lose?

    Regards,
    Lup

  2. Vyacheslav Dorfman  |  

    Received a failure to yield to pedestrian ticket today. It was a very busy intersection and i had oncoming traffic coming at me. I crossed the intersection making a left turn without getting in the way of anyone crossing the street, however there probably were people also crossing the street or stepping off the curb. This is a very busy and wide street (Flatbush Av and Fulton St) in Brooklyn. The police officer stopped me at the next light and pulled me over. I am not 100% sure what fine this carries but i believe there are 3pts. that go along with this summons. I am considering hiring a lawyer for this. Please let me know what options and/or chances i have. I can be reached at stevenyc7@gmail.com or on my cell at 718-813-0063. This was in Brooklyn.

  3. Arlene  |  

    I have court tomorrow for such an offense. I am not sure what to do. I pleaded not pguilty

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