Failure To Yield
The Ohio Revised Code contains a series of right of way rules, which are generally discussed in the bullet points below:
- Controlled intersections. Under Ohio Revised Code Section 4511.43(B), the driver of a vehicle approaching a yield sign must slow down to a speed reasonable for the existing conditions and, if required for safety to stop, must stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing down or stopping, the driver must yield to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection or junction of roadways. Notably, when a driver is involved in a collision with a vehicle in an intersection or junction of roadways, after driving past a yield sign without stopping, the collision is prima facie evidence of the driver’s failure to yield.
- Uncontrolled intersections. Under Section 4511.41(A), generally, when two vehicles approach or enter an uncontrolled intersection from different streets or highways at approximately the same time, the driver of the vehicle on the left shall yield to the vehicle on the right. This rule is subject to other more specific provisions in Chapter 4511 of the Ohio Revised Code, like when an intersection is controlled.
- Left turns. Under Section 4511.42(A), the driver of a vehicle intending to turn left within an intersection or into an alley, private road or driveway shall yield to any vehicle approaching from the opposite direction, whenever the approaching vehicle is within the intersection or so close to the intersection, alley, private road or driveway as to constitute an immediate hazard.
- Entering a highway from any place other than another roadway. Under Section 4511.44(A), the driver of a vehicle about to enter or cross a highway from any place other than another roadway must yield to all traffic approaching on the roadway to be entered or crossed.
- Public safety vehicles, coroner’s vehicles and funeral processions. Sections 4511.45 and 4511.451 contain a series of right of way rules pertaining to public safety vehicles, coroner’s vehicles and funeral processions. These provisions are not discussed here.
- For more information on right of way rules pertaining to pedestrians, click here.
Penalty For Failure To Yield
Failure to yield ordinarily as a minor misdemeanor. The potential penalty for a minor misdemeanor traffic offense includes the imposition of a fine of up to $150, up to 30 hours of community service and court costs.
But if, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, then failure to yield is elevated to a fourth-degree misdemeanor. The potential penalty for a fourth-degree misdemeanor traffic infraction includes the imposition of a jail term of not more than 30 days, an additional or alternative community control sanction plus reimbursement for the cost of this sanction, a fine of up to $250 and court costs.
And if, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, then violating a failure to yield is elevated to a third-degree misdemeanor. The penalty for a third-degree misdemeanor traffic infraction includes the potential imposition of a jail term of not more than 60 days, an additional or alternative community control sanction plus reimbursement for the cost of this sanction, a fine of up to $500 and court costs.
Community control sanctions generally can include residential placement, house arrest, drug/alcohol testing and treatment, specified education and training, community service, curfew, probation, etc. Under certain circumstances, the court also may order an offender to pay restitution to any identifiable victim who incurred an economic loss as a result of the violation.
Points Assessed For Failure To Yield
A conviction on a traffic ticket for failure to yield carries two points in Ohio on an offender’s driving record. For more information on how the Ohio Bureau of Motor Vehicles (BMV) processes points for moving violations and the substantial penalty for excessive points accumulation, press Ohio BMV Points System.
Discuss Your Ticket With A Columbus Traffic Attorney
Frequently a lawyer can appear in court and resolve a traffic case in the client’s absence, provided both the court and the prosecutor agree. This saves the client the aggravation of taking time off from work, fighting traffic to get to court on time, waiting for potentially hours for the case to be called, standing in long lines and potentially having to do it all over again if the case is continued.
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