If you’ve been cited for failing to yield the right-of-way while making a left turn or U-turn under California Vehicle Code Section 21801, you may be able to beat this charge with a strong defense from our Los Angeles criminal defense lawyers.
Having this crime on your driving record could lead to serious and expensive consequences. We’ll break down what this law means, the potential penalties, and how you might defend against such a charge with our help. Simmrin Law Group is ready to handle any criminal case in any California or Federal court.
Understanding California Vehicle Code 21801
This law explains the responsibilities of drivers making left turns or U-turns. When you’re making a left or a U-turn, you must:
- Yield to oncoming traffic that’s close enough to be a hazard
- Continue yielding until you can safely complete your turn
- Signal properly before and during your turn
- Once you’ve yielded and signaled properly, you may complete your left turn or U-turn
- Oncoming drivers must then yield to you as you complete your turn
Consequences of Failing to Yield
If you’re found guilty of violating California Vehicle Code 21801, you may face:
- A traffic ticket with associated fines
- Points on your driving record
- Potential increases in insurance premiums
- Liability in the event of an accident
Factors That Can Aggravate the Charge
Certain circumstances can make a failure to yield charge more serious:
- If your action resulted in an accident
- If there were injuries to other parties
- If you have a history of traffic violations
Failure to yield is a leading cause of auto accidents. If you fail to yield and cause a crash, you may also have to pay for your injuries as well as face criminal charges. Speak with our failure to yield accident lawyers in Los Angeles if you need advice.
Common Defenses Against Failure to Yield Charges
If you’ve been cited for failing to yield during a left or U-turn, there are several potential defenses to consider. The law states that you must yield until the turn can be made with “reasonable safety”:
- You might argue that, based on your perception, the turn could be made safely.
- This defense requires demonstrating that a reasonable person in your situation would have made the same judgment.
This “reasonable safety” defense is the most common. Here are some others that may apply to your situation:
Obstructed View
You might argue that your view was obstructed, preventing you from seeing oncoming traffic. There may be trees, buildings, or road design issues that limit visibility. There may also be temporary obstructions like construction, large vehicles, or temporary signs.
Safe Gap in Traffic
You could contend that there was a safe gap in traffic when you started turning, but then something happened to cause a crash. For example, the oncoming driver may speed up unexpectedly, hoping to beat you to the turn.
Emergency Situation
In some cases, you might argue that an emergency necessitated your actions. You may have had to turn to avoid a road hazard or an accident or because you had an urgent medical situation.
Improper Signage or Road Markings
Your defense might focus on inadequate traffic control devices, such as missing, obscured, or confusing road signs and lane markings.
Mechanical Failure
You could argue that a vehicle malfunction, like a brake failure or steering issue, contributed to the violation.
Disputing the Officer’s Observation
You might also challenge the officer’s ability to accurately assess the situation. If the officer could not get a clear view of the situation or if there were multiple vehicles involved, the officer’s version of events could be challenged.
Why Proper Yielding Under California Vehicle Code Section 21801 Is Important
Understanding and following right-of-way laws is crucial for several reasons:
- It helps prevent accidents and keeps all road users safe
- It promotes smooth traffic flow
- It helps you avoid tickets and legal issues
What to Do If You’re Cited for Failure to Yield
If you receive a citation for failing to yield during a left or U-turn:
- Remain calm and cooperate with the officer
- Don’t admit fault, but be respectful
- Gather information about the exact location and circumstances
- Note any witnesses or cameras that might have recorded the incident
- Consider your options for contesting the ticket or seeking legal advice
How Simmrin Law Group Can Help
At Simmrin Law Group, we understand the complexities of traffic violations and their potential impact on your driving record and insurance rates. If you’ve been cited for failing to yield during a left or U-turn under California Vehicle Code Section 21801, we’re here to assist you. Our experienced attorneys can:
- Analyze the details of your case
- Explain your rights and potential defenses
- Investigate the circumstances of your citation
- Challenge the evidence against you when appropriate
- Negotiate with prosecutors for reduced charges or penalties
- Represent you in court to potentially minimize fines or points on your license
Don’t let a failure to yield citation negatively impact your driving record or lead to unnecessary fines. Contact Simmrin Law Group today for a consultation.