PC §705 - FAILURE TO ABIDE BY A RIGHT OF WAY
INFRACTION
(a) Definition
Failure to abide by right-of-way 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 as required by law.
(b) Elements of the Offense
The following elements must be met to constitute failure to abide by right-of-way:
The defendant operated a motor vehicle on a public roadway.
The defendant failed to yield the right-of-way as required by traffic laws, signs, signals, or other regulations.
The failure to yield the right-of-way resulted in a violation of traffic laws or regulations.
Types of Violations
(a) Violations of failure to abide by right-of-way may include, but are not limited to, the following:
Failing to yield to oncoming traffic when making a left turn.
Ignoring stop signs, yield signs, or traffic signals directing right-of-way.
Failing to yield to pedestrians or cyclists at crosswalks or intersections.
Entering an intersection without sufficient clearance, obstructing the right-of-way of other vehicles.
(c) Defenses
(a) It shall be a defense to a charge of failure to abide by right-of-way if the defendant can prove that they yielded the right-of-way as required by traffic laws, signs, signals, or other regulations, 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 abide by right-of-way 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, driving under the influence of alcohol or drugs, 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
$180.00
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