Florida Statute Regarding Failure to Yield Right of Way
Miami Failure to Yield
Right of Way Attorney
If you received a traffic ticket for failure
to yield right of way device, you have come to the right place. Often these tickets are issued if you have been involved in
an accident. May people come to me with these tickets and try to convince me that they were not at fault for the accident
(e.g. the other driver was speeding). However, when we go to Court to fight traffic tickets we are not trying to decide who
caused the accident. The only issue is whether or not you failed to yield right of way. Our main goal is to keep points off
of your driver license.
316.123
Vehicle entering stop or yield intersection.
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(1) The right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in s. 316.006.
(2)(a)
Except
when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection
indicated by a stop sign shall 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 the intersection. After having stopped, the driver shall yield the right-of-way
to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway
as to constitute an immediate hazard during the time when the driver is moving across or within the intersection.
(b)
At a four-way stop intersection, the driver of the first vehicle to stop at the intersection
shall be the first to proceed. If two or more vehicles reach the four-way stop intersection at the same time, the driver of
the vehicle on the left shall yield the right-of-way to the vehicle on the right.
(3)
The driver of a vehicle approaching a yield sign shall, in obedience to such sign, slow down to a speed
reasonable for the existing conditions and, if required for safety to stop, shall stop 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. After slowing or stopping, the driver shall yield the right-of-way to
any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the
time the driver is moving across or within the intersection. If such a driver is involved in a collision with a pedestrian
in a crosswalk or a vehicle in the intersection, after driving past a yield sign without stopping, the collision shall be
deemed prima facie evidence of the driver’s failure to yield the right-of-way.
(4)
A
violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318.
WE COVER BROWARD, COLLIER, GLADES, HENDRY, INDIAN RIVER, LEE, MARTIN, MIAMI-DADE, MONROE,
OKEECHOBEE, PALM BEACH, AND ST. LUCIE COUNTIES. IF YOU RECEIVED A TRAFFIC TICKET IN ANOTHER FLORIDA COUNTY CLICK
HERE, AND AN ATTORNEY IN THAT COUNTY CONTACT YOU SHORTLY.
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"I
have been practicing law in the area of traffic ticket defense for over ten years. I have defended thousand of clients in
Miami and the surrounding areas. Let me defend your traffic ticket." Alexander B. Ramey, Traffic Ticket Attorney
Traffic Ticket Attorney and Traffic Violation Lawyer. Serving Broward,
Glades, Indian River, Lee, Martin, Miami-Dade, Monroe, Palm Beach, and St. Lucie Counties.
