Click here to fight your Washington traffic ticket.
Failure to Yield in Washington State is a serious violation with serious penalties. Why? That’s actually much simpler than you might think. This violation is one of the most common causes of vehicular fatalities, often ranking in the top ten year after year. Not only can the information in this article help you avoid or beat a Failure to Yield ticket, it just might save your life.
What Is Washington’s Failure To Yield Code?
Section 46.61.190 of the Revised Code of Washington (RCW) governs the requirements for vehicles at “stop or yield intersection[s].” Stop or yield intersections are any intersections marked by a stop sign or yield sign. These intersections are immensely common throughout the state, and apply to all of the following individuals:
- Bicyclists
- Drivers
- Pedestrians
What Is Failure To Yield in Washington State?
Failure to Yield is a ticket issued for violating the Washington State’s RCW §46.61.190 law. If you have received a citation for this violation, then the issuing officer believed that you disobeyed the rules of the road at a time when you were supposed to yield the right of way to other traffic.
What is the right of way? The right of way is the right to legally use any given public roadway. If you have the right of way, then other people without it will need to yield to you. And if you don’t have the right of way, then you’ll need to yield to other people who do have it. Failure to do so can (and likely will) result in you receiving a Failure to Yield ticket.
How Does One Yield at an Intersection?
This question can also be asked another way: “Who has the right of way in a Washington State intersection?” To answer both of these questions, we’ve compiled a list that we like to call the right of way hierarchy. Memorizing that hierarchy and rigidly applying it when on the road can help you maintain legal compliance and avoid a ticket while driving.
The following list determines who has the right of way first, second, and so on:
- Trains and active-duty emergency vehicles.
- Construction crews.
- School buses and students in school zones.
- Drivers who were already in the intersection when you got there.
- Pedestrians at marked or unmarked crosswalks.
- Drivers who got to the intersection first, then second, and so on.
- Drivers going forward.
- Drivers turning right.
- Drivers turning left.
- Drivers to the right (90 degrees) of you.
- Drivers entering the roadway from a parking space, parking lot, unpaved road, etc.
Here are three examples:
- Drivers turning left must yield the right of way to emergency vehicles flashing lights and blaring sirens.
- Drivers who arrive at the intersection after other drivers must yield the right of way to the drivers who arrived before them.
- Pedestrians must yield the right of way to drivers that were already in the intersection before the pedestrians arrived.
Penalties for Failure To Yield in Washington State
Washington State is much more lenient than other states when it comes to citations like Failure to Yield tickets. Whereas states like Georgia will issue hundreds of dollars in fines, fees, surcharges, and potentially tack jail time on top of all of it, Washington State’s penalties are relatively minor.
If you are convicted of one of these violations, you can expect to pay a fine of around $124. However, Failure to Yield is a moving violation and will count against your total when it comes to things like license suspensions. Get too many convictions too quickly and your license may be suspended.
The most expensive part of a conviction for this violation isn’t the fine—it’s the insurance increase. On average, convictions for Failure to Yield charges in Washington increase insurance premiums by $260.72 every year for up to five years. That can total more than ten times the original fine amount.
All of these penalties can increase if your failure to yield results in the injury or death of another person.
Failure To Yield to Emergency Vehicle Washington State
A variation of the Failure to Yield violation we talked about earlier has to do with failing to yield to emergency vehicles.
What Is It?
Washington State law also requires all drivers to move out of the way of emergency vehicles when those emergency vehicles activate their lights and sirens. Failure to clear the path for active-duty emergency vehicles can result in many of the same penalties as the standard variation of Failure to Yield tickets. But the fine for this variation is typically around $1,062.
Defenses for Failure To Yield
Over the years, there have been countless citations issued to people who have failed to yield at an intersection or to emergency vehicles. Many of those people decided to take their tickets to court and successfully had them dismissed. Here are a few arguments that might help you follow in their footsteps.
Poor Visibility of Road Lines
Courts in Washington State do not expect us all to have eagle-like vision. If the road lines can’t clearly be seen from within your vehicle, you might be able to convince the court to dismiss your citation. However, you will need proof. Photographs, videos, dashboard camera (dash cam) footage, etc. will go a long way in proving your case.
Poor Visibility of Signs
As with road lines, road signs must be clearly visible from the road in order for citations based on them to be upheld in court. If you can provide evidence demonstrating that the yield or stop sign referenced in the ticket was not clearly visible, you might be able to have it dismissed.
Another Vehicle Broke the Law
This isn’t the elementary “but he did it first” argument. Rather, it stems from the concept of not penalizing people for violations they committed when under duress. If another driver broke the law and in doing so forced you to violate the right of way, you might be able to have your case dismissed—but you’ll need to be able to prove that.
Reckless Driving on Another Vehicle’s Part
Reckless driving is one of the most dangerous things a driver can do on any road. Sometimes, moving to safety means getting out of their way as quickly as possible before they cause a collision. Sometimes, getting out of their way means failing to yield the right of way to other drivers.
This argument follows similar logic to the “Another Vehicle Broke the Law” section above.
You Were Avoiding Harm’s Way
Washington State traffic courts do not make a habit of victim blaming. If you can prove that you were attempting to get out of harm’s way, then the court will quite likely find you not guilty. Examples include roadside fires, downed electrical lines, and hazardous materials or debris on the road.
Hire an Attorney Through appwinit.com To Fight Your Case
If you’ve received a Failure to Yield ticket in Washington State, know that you have options. Two of them are pleading guilty or contesting your charges. To plead guilty is to admit responsibility and accept all of the penalties, punishments, and consequences. To contest your ticket (plead not guilty) is to open the door to a possible dismissal.
There is no better outcome of a traffic ticket court case than when you successfully contest it and get it dismissed. Download the WinIt app today or go to www.appwinit.com to find a lawyer to help you beat your case. Remember, you only have 30 days to respond to the ticket—and time is ticking.
