August 15, 2009 By Wallin & Klarich

In a previous article, we provided some of the most common failure to yield traffic violations that drivers make the mistake of committing. Everyone knows that speeding or running a red light or stop sign can result in being pulled over and being given a traffic ticket for a momentary lapse in judgment. What too many drivers are not aware of, however, is that there are hundreds of California Vehicle Codes that you can violate, some of which do not require you to be driving at all. Here we finish with the remaining common violations.

VC 21802 and VC 21803 – Stop and Yield Signs
Even if you have come to a complete stop, you must still yield to oncoming traffic if, upon entering the intersection, you constitute an “immediate hazard” to any other vehicle. However, this traffic ticket can be challenged by numerous methods, such as obstructions that made you unable to see oncoming traffic, or if the other driver was driving at an unsafe speed.

VC 21950(a) – Pedestrian in a Crosswalk
You must yield to pedestrians at both marked and unmarked crosswalks, even after coming to a complete stop. An unmarked crosswalk is the prolongation of sidewalk boundaries where any two streets meet at right angles. You do not have to wait until the pedestrian has exited the crosswalk, it is only required that any pedestrians are out of the way. This is a different rule than in some states, and police officers can sometimes mistakenly cite you incorrectly. If that is the case, it is important to have an attorney with you to challenge this sort of ticket.

VC 21951 – Passing Vehicle Stopped at a Crosswalk
If a vehicle in front of you has yielded to a pedestrian, you may not pass that vehicle. This is fairly straight forward, but can be subject to several challenges by a skilled attorney that can create reasonable doubt about your guilt. This section is also a particularly harsh offense, with a base fine of $100, which, with penalty assessments and various court fees, that will cost you over $400 for a conviction.

VC 21952 – Pedestrian on Sidewalk Near Driveway
You must yield the right of way to a pedestrian on a sidewalk when entering or exiting a driveway. Just because a driveway isn’t a regular roadway, doesn’t mean that you have the right of way!

If you have been cited for any of these failure to yield violations, the experienced San Diego criminal defense lawyers at Wallin & Klarich can help. We have seen many of these sorts of tickets be completely dismissed or at least reduced to non-moving infractions, which do not result in a point on your record or an increase in your car insurance. With over 30 years of experience in California criminal defense, Wallin & Klarich attorneys have dealt with all of these infractions before, and will be able to give you the best possible chance to win in court.

Call Wallin & Klarich today at 1-888-280-6839, or visit us online at www.wklaw.com, to speak to one of our experienced criminal defense attorneys.

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