PC §703 - FAILURE TO YIELD TO A TRAFFIC DEVICE OR STOP SIGN
INFRACTION
(a) Definition
Failure to yield is the act of operating a motor vehicle in violation of traffic laws requiring drivers to yield the right-of-way to other vehicles, pedestrians, or cyclists when directed to do so by traffic control devices or signs.
(b) Elements of the Offense
The following elements must be met to constitute failure to yield:
The defendant operated a motor vehicle on a public roadway.
The defendant failed to yield the right-of-way as required by traffic control devices or signs.
The failure to yield resulted in a violation of traffic laws or regulations.
Types of Traffic Control Devices
(a) Traffic control devices may include, but are not limited to, the following:
Traffic signals, such as red lights, yellow lights, and green lights.
Stop signs and yield signs.
Traffic signs indicating lane closures, merge points, or pedestrian crossings.
(c) Defenses
(a) It shall be a defense to a charge of failure to yield if the defendant can prove that they yielded the right-of-way as required by traffic control devices or signs, or if they can demonstrate that they were coerced, misled, or otherwise not acting of their own free will.
(b) Lack of evidence of failure to yield behavior, such as witness testimony or physical evidence, may also serve as defenses if proven by the defendant.
(d) Aggravating Factors
Aggravating factors such as causing an accident resulting in property damage or injury to others, or prior convictions for similar offenses may result in enhanced penalties or additional charges as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
NOT ARRESTABLE BUT CAN REFERENCE PC 707 IF DEFENDANT IS LETTING OFF UNDER THE INFLUENCE ATTRIBUTES.
FINE SET
$280.00
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