Failure of Right-of-Way Yield
Call the defense lawyers at David A.C Long if you have been accused of failing to yield the right of way. Our legal team will speak with you and construct a defense on your behalf. We provide our services throughout the state of Virginia.
For a Free, No-Obligation Consultation, contact us at 1.804.298.7773 or click here.
Accused of failing to yield the right-of-way (section 46.2-863)?
To contest this accusation, one should examine the precise language of Virginia Code Section 46.2-863, Failure to Yield Right-of-Way.
1. The car entered a “highway.”
2. The driver came “from a side road” to enter the freeway.
3. Before entering the highway, the driver did not “bring his vehicle to a stop immediately.”
4. The place where the motorist was entering the highway was “within 500 feet” of oncoming traffic.
Guilty of Offenses?
If even one of the conditions is not met, the motorist cannot be found guilty of the crime.
A different code section can be applied if the driver is approaching a highway sign or is not entering a highway. For instance, irresponsible driving in a parking lot is governed by Virginia Code Section 46.2-864, and approaching stop or yield signs on a highway is governed by Virginia Code Section 46.2-821.
The evidence would not be enough to support a conviction if the driver stopped before continuing or if there was no witness to the defendant stopping before proceeding. The Commonwealth must demonstrate that the driver pulled over when another car was 500 feet away.