Failure To Yield To Pedestrians
Ohio Revised Code Section 4511.441(A) requires a driver of a vehicle to yield the right of way to any pedestrian on a sidewalk.
As to crosswalks, Section 4511.46(A) requires a driver of a vehicle to yield the right of way to any pedestrian in a crosswalk when traffic control signals are not in place, not in operation or are not clearly assigning the right of way. This means slowing down or stopping if need be to yield to a pedestrian crossing the roadway within a crosswalk. This includes when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.
Additionally, if a vehicle is stopped at a marked crosswalk at an intersection to permit a pedestrian to cross the roadway, Section 4511.46(C) prohibits the driver of any other vehicle approaching from the rear from overtaking and passing the stopped vehicle. These rules extend to malfunctioning traffic control signals in Section 4511.132.
The pedestrian also has certain responsibilities at crosswalks. For instance, under Section 4511.16(B), a pedestrian must not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard. Other rules applicable to pedestrians are set forth in Sections 4511.48 and 4511.49.
Penalty For Failure To Yield To A Pedestrian
Failure to yield to a pedestrian ordinarily is 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 to a pedestrian 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 failure to yield to a pedestrian 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 To A Pedestrian
A conviction on a traffic ticket for failure to yield to a pedestrian 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.
Consult A Traffic Lawyer Today
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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