Violation of Right of Way is dealt with in Florida Statute 316.075, but more specifically defines it in s. 316.123:
“… The right-of-way at an intersection may be indicated by stop signs or yield signs… Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop… but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection…”
“At a four- way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles reach the four-way stop intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right…”
“The driver of a vehicle approaching a yield sign shall… slow down to a speed reasonable for the existing conditions and, if required for a safety stop, shall stop before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection. If such driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of the driver’s failure to yield the right-of way…”
Like most traffic violations, if not fought, it will add at least three points to an individual’s driver’s license, causing increases in auto insurance policies as well as fines ranging from $65.00- upwards of $300.00. If violation of right of way results in pedestrian injury or if an accident occurs, community service hours could be an additional ramification as well as jail time.
Moreover, an offender could face suspension or revocation of their driver’s license if they accumulate too many points within a given time frame. If a person fails to pay their fine within the given time frame (usually 30 days) their license will be suspended which will result in higher insurance rates and further increases in fines that they will have to pay.
As for the accumulation of points, in the state of Florida:
“A person’s license is suspended respectively for either not more than 30 days, not more than 3 months, or not more than 1 year if they accumulate 12 points within 12 months, 18 points within 18 months, or 24 points within 36 months.”
While there are many different scenarios that could regard a violation of right of way, the common factor in all is that the violation of right of way is almost always entirely reliant upon an eyewitness testimony, usually that of the charging police officer. As this law, like most driving laws, prove to be vague, with the help of a skilled attorney in our office, more often than not these charges can be lessened if not altogether eliminated from an individual’s driving record.
Call our friendly, supportive staff members of The Law Place so that we can hear your story to provide you with the best defense possible.Call today, we are here for you 24 hours a day! 1-800-FIGHT-IT (1-800-344-4848)
Attorney David A. Haenel, renowned in Florida for his excellent record in criminal defense, DUI, and traffic ticket cases, and has been delivering favorable outcomes for his clients since 2000. With a law degree and a Master of Law in criminal law, his background includes a notable tenure as the State of Florida DUI Prosecutor of the Year
