Failure to Yield

Va. Code § 46.2-863: Reckless by Failure to Yield

Reckless driving also includes cutting off a vehicle on a highway when entering from a side road. If a driver enters a highway from a side road without a yield sign the driver 1) must come to a stop before entering the highway, and 2) must not pull in front of a vehicle that is less than 500 feet away.

Va. Code 46.2-863 Reckless Driving – Failure to Yield the Right-of-way

“ A person shall be guilty of reckless driving who fails to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching on such highway within 500 feet of such point of entrance, unless (i) a “Yield Right-of-Way” sign is posted or (ii) where such sign is posted, fails, upon entering such highway, to yield the right-of-way to the driver of a vehicle approaching on such highway from either direction.”

Penalties for Fairfax Reckless Driving – Failure to Yield
  • Class 1 misdemeanor (Criminal Conviction)
  • 0 to 12 months in jail
  • $0-$2,500 in fines
  • 0-6 months loss of license
  • 4 Va DMV demerit points
Defenses for Reckless Driving Failure to Yield

There are two main ways we prevent conviction for reckless driving for failure to yield the right of way in Fairfax:

1) We attack the culpability. We try to show reasons why the driver does not deserve these harsh punishments and ask the court to reduce the charge to a less sever traffic ticket.

2) We attack the accuracy and admissibility of the police officer’s accusations. Often there is a question of how the officer knows whether the driver’s view was obstructed or his ability to operate the vehicle impaired. Simply having the vehicle heavily loaded or having too many passengers in the front seat is not enough.

For more information about reckless driving defenses, click here.

How to Prepare for a Reckless Driving – Failure to Yield Trial

Some of the things we recommend drivers do, can include (click the links for more information):

  • Taking a Driver Improvement Course
  • Get a copy of the officer’s accident report (if there was an accident)
  • Draw a diagram of the road/intersection where the incident occurred
  • Writing a brief biography about yourself
  • Writing a detailed incident summary about yourself
  • Getting a copy of your DMV record
Likely Lesser Offenses For Reckless Driving – Failure to Yield

In Fairfax, prosecutors will not negotiated with unrepresented defendants; however, your attorney might be able to get the reckless driving charge reduced from a criminal reckless driving charge to one of the following non criminal traffic tickets:

  • Improper Driving
  • Failure to Yield: 46.2-821
  • Failure to Obey a Highway Sign: 46.2-830
  • Failure to Pay Full Time and Attention

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Defending Drivers in Fairfax

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