South Florida Right-of-Way Violation Lawyers
A driver can be ticketed in Florida for failing to yield if he or she does not slow down or stop for a pedestrian or another vehicle. These citations are most often issued following traffic accidents.
Being cited for this offense will usually result in a fine for the motorist, but the amount of the fine and any associated penalties may be higher if the crash resulted in injuries to another person or police charge the driver with another crime such as speeding or reckless driving.
Additionally, a violation of failing to yield can result in points being added to a driver’s record, which negatively impacts insurance rates and may even result in a suspension of driving privileges.
If you were recently cited for failing to yield in South Florida, you should strongly consider seeking legal representation for help fighting the citation and removing this violation from your record. Meltzer & Bell, P.A. assists people who have been accused of this offense in Palm Beach County, Broward County, and Miami-Dade County.
Our "failure to yield" traffic ticket attorneys offer a money back guarantee for certain noncriminal cases not involving accidents, which means you incur no points and are not sentenced to any traffic school (some additional restrictions may apply).
We provide a free consultation to review your case when you call (561) 557-8686 today.
In traffic court, facts must be presented to prove the elements of the traffic infraction beyond and to the exclusion of every reasonable doubt. Although the Defendant is presumed innocent, that innocence is stripped away by proof of guilt beyond and to exclusion of every reasonable doubt.
For the civil infraction of failure to yield right of way, the elements of the infraction include:
The court will consider several presumptions that might arise in these cases including:
One of the most commonly asserted defenses in a trial for an infraction for failing to yield right of way is that the other vehicle was traveling at an excessive speed. That defense, in and of itself, is not often successful because a showing that the other vehicle was traveling at an excessive speed is difficult to establish through evidence at the trial. The burden of showing excessive speed applies equally to both defense and state.
Even when it can be shown that the oncoming vehicle was traveling at an excessive speed, that fact alone is not an absolute defense because it is presumed that the defendant ordinarily possesses the necessary skill and judgment to calculate the speed of that vehicle and can avoid it by using such skill.
Successful defenses at trial for an infraction of failure to yield often involve a showing of circumstances beyond the defendant's control which impeded or made it impossible to calculate the speed or position of the oncoming vehicle. The circumstances that might constitute a defense in a trial for an infraction of failing to yield include a showing that:
Those other factors that might obscure the view might include the terrain or the curvature of the approach.
Under this statute, drivers are expected to yield the right-of-way to pedestrians and other vehicles in certain situations, depending on the colored light. With a green indication:
With a steady red indication, drivers must stop before entering the crosswalk on the near side of the intersection (if applicable) or before entering the intersection. They must remain there until a green indication is shown, although:
Provided that a driver is reasonably and lawfully notified of the presence of such workers or vehicles by flagpersons, warning signs, or devices, it is a noncriminal traffic infraction, punishable as a moving violation if a driver either:
Drivers must yield the right-of-way to publicly owned transit buses traveling in the same direction which have signaled and are reentering traffic flows from specifically designated pullout bays.
It is a noncriminal traffic infraction punishable as a moving violation if a driver:
It is a noncriminal traffic infraction punishable as a moving violation if a driver intending to turn left within an intersection or into an alley, private road, or driveway fails to yield the right-of-way to any vehicle approaching from the opposite direction or any vehicle lawfully passing on the left of the turning vehicle.
It is a noncriminal traffic infraction punishable as a moving violation if a driver:
Were you issued a traffic ticket for failing to yield in South Florida? Instead of just pleading guilty and facing multiple consequences, it could be in your best interest to have legal counsel help you get the charges thrown out—especially if the police officer or witness does not show up in court.
We represent clients throughout South Florida including Palm Beach County, Broward County and Miami-Dade County.
Meltzer & Bell, P.A. aggressively defends clients from Delray Beach, Wellington, Lake Worth, Boca Raton, Jupiter, Royal Palm Beach, Greenacres, West Palm Beach, Riviera Beach, Boynton Beach, Palm Beach Gardens, and many other nearby areas.
You can have let our failure to yield attorneys review your case by calling Meltzer & Bell, P.A. right now to schedule a free, no obligation consultation.
No Points No School No Court Or your money back*
* Some restrictions apply. Non-Criminal infractions only. Court costs additional, if any. Call for more information.