4-03(a)(1) Failed to Yield to Vehicle/Pedestrian

One of the most ticketed violations in New York City, particularly in Manhattan, is for failure to yield to pedestrians. The typical circumstances are where a motorist makes a right turn or left turn and does not wait for the pedestrian to cross the street. Most people who received this ticket were not aware of the motorist and did not know why they were being pulled over. The fact is there are certain intersections where police officers are stationed and issue many tickets throughout the day for this specific violation.

Statute

The wording of the statute is as follows:

Vehicular traffic facing such signals may proceed straight through or turn right or left unless a sign at such place prohibits any such movement. But vehicular traffic, including vehicles turning right or left, shall yield the right of way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.

The source of the statute is the New York City Traffic Rules and Regulations (NYCTRR). The NYCTRR is a set of rules that mostly correlates with the Vehicle & Traffic Law (VTL). NYCTRR 4-03(A)(1) mostly mirrors VTL 1111(a)(1). They both carry three points upon conviction.

Disputing a Failure to Yield Charge

Traffic tickets in the five boros are handled differently than tickets elsewhere. There is no plea bargaining. Every contested ticket must have a hearing. Simply stating that it is not true does not help. The way to beat this ticket is by finding something wrong with the ticket, the officer notes, or the officer testimony. There are several possible defenses to this charge, mainly having to do with the exact location of the crossing pedestrian in relation to the turning car.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a traffic ticket defense firm. We have defended this particular charge hundreds of times. The attorney that will fight your ticket has extensive experience in the Traffic Violations Bureau and the know-how to beat this charge. The efforts of our attorneys are reflected in the hundreds of five-star reviews our firm has received. Please note you will not have to attend court personally to dispute the ticket. Your attorney can make all the necessary court appearances in your place. The Benjamin Goldman Law Office provides all motorists with a free 10-minute consultation. You can contact us at your convenience via phone call or text message.