NYCTRR 4-04(b) Failed to Yield to Pedestrian in Crosswalk

If you drive often in New York City, especially in Manhattan, there is a high likelihood you will be pulled over for failing to yield to a pedestrian. The common scenario is where a motorist is making a right turn or left turn and allegedly does not wait for the person crossing the street. Most often, motorists stopped for this violation did not realize there was a pedestrian crossing the street. There are specific intersections in New York City that officers are assigned to monitor for this specific violation. If they witness a motorist failing to yield to a pedestrian they can charge the motorist under NYCTRR 4-04(b) or NYCTRR 4-03(a)(1).

Statute

The wording of the statute is as follows:

Operators to yield to pedestrians in crosswalk. When traffic control signals or pedestrian control signals are not in place or not in operation, the operator of a vehicle shall yield the right of way to a pedestrian crossing a roadway within a crosswalk when the pedestrian is in the path of the vehicle or is approaching so closely thereto as to be in danger.

The source of the statute is the New York City Traffic Rules and Regulations (NYCTRR). The NYCTRR is a set of rules that generally mirror violations of New York State Vehicle & Traffic Law (VTL). NYCTRR 4-04(b) mostly correlates with VTL 1151(a). Either one will put three points on your driving record.

Disputing a Ticket for Failure to Yield to Pedestrian

Traffic tickets in the five boros are handled differently than tickets in the rest of New York State. There is no plea bargaining. If you contest a ticket, there must be an administrative hearing in which the police officer attends. Simply testifying that what the officer is saying is not true does not help and will not win the case. The way to beat this ticket is by finding something wrong, whether an omission or contradiction, whether legal or factual, with the ticket, the officer’s notes, or the officer’s testimony. There are several possible defenses to the charge of failing to yield, mainly having to do with the exact location of the person crossing the street in relation to the turning vehicle.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a traffic ticket defense firm. We opened in 2011 and since then our attorneys have helped many motorists with this particular violation. The lawyer that will fight your ticket has extensive experience handling tickets in the Traffic Violations Bureau. Our firm has received many reviews over the years. You can choose to attend court with our attorney or have the attorney go to court in your place. The Benjamin Goldman Law Office provides all motorists with a complimentary 10-minute consultation. We can be reached via text message or phone call. Feel free to contact us at your convenience.