VTL 1151(a) Failure to Yield to Right of Way to Pedestrian in Crosswalk
There are many intersections that regulate when cars and pedestrians can move. In those situations, it is easy to determine who has the right of way. However, there are some that have no such signals, or times when the power goes out. Vehicle & Traffic Law § 1151(a) outlines what to do then.
The statute is not specific on the details. Does the motorist have to wait until the pedestrian clears the entire crosswalk before they proceed? Does the motorist have to yield before the pedestrian enters the crosswalk? If the street is wide, does the motorist have to wait for a pedestrian on the other side of a wide avenue? Judges have answered these questions in different ways, but these are potential defenses. There are many other procedural and technical defenses to this charge.
A violation of VTL 1151(a) will result in three points on your driving record. The fine depends on your driving history and the jurisdiction of the violation. If you received such a ticket, you can have the Benjamin Goldman Law Office take care of it for you. Our attorneys have successfully handled such tickets in many different villages, including Manlius, Geneseo, and Goshen. We have also handled many such charges in New York City, though in the city they are charged under 4-03(a)(1) of the New York City Traffic Rules and Regulations. Over the years, we have gotten many such violations dismissed or reduced to parking tickets. We welcome new clients and will be glad to take on your case.
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Community Discussion
Questions? Thoughts? Let us know down below!
Can I fight a failure to yield to pedestrian ticket if the pedestrian was an undercover cop? I was driving and came across a blinking yellow traffic light. I noticed a pedestrian and it looked like he was going to walk passed the crosswalk. I continued to drive and then he stepped into the crosswalk as I am crossing the line where traffic should stop at the intersection. I swerve wide so there's no chance of hitting him. Then I get pulled over by an undercover police car, who told me the pedestrian was an undercover cop and that the whole thing was because "grants" were given to help enact situations like this
I received a ticket for not yielding to a pedestrian at a crosswalk. I was already in the intersection making a right turn when the pedestrian approached. I stopped, and the pedestrian also stopped and stepped back onto the sidewalk, away from the crosswalk, so I completed my turn. The officer still gave me a ticket. This is my first offense—can I avoid points on my license?
To avoid the points, you would need to contest the ticket in court. An attorney may appear in court for you when needed.
What does the prosecution need to show for a New York VTL 1151(a) ticket? I got a summons for supposedly not yielding to a pedestrian who was in a crosswalk. My first and middle names are switched on the ticket, my birth date is one day wrong, the sex listed is wrong, and it leaves out my car's color. Could those mistakes lead to a dismissal?
I am not sure what you mean by the legal terminology in the heading, but if this was issued in New York City, the number of errors on the ticket gives you a reasonable possibility of dismissal. Be prepared to establish that the information is incorrect.
The officer wrote the wrong color for my car on the ticket. Does that make a difference, and can I contest it? I was making a left turn and waited for a pedestrian to cross before I continued. About a block later, an officer pulled me over and repeatedly asked for my license but would not tell me why. He stayed in his car for around ten minutes, then returned my papers with a ticket for not yielding to a pedestrian. The vehicle color listed on it is wrong.
It depends on how much the color written on the ticket differs from your vehicle’s actual color.
If you suffered an injury due to a motorist failing to yield, you can contact the Sternberg Injury Law Firm to learn about your options
Disclaimer: All the content of this website has been prepared by Benjamin Goldman Law Office PC for informational purposes only and does not constitute legal advice. The information on this website shall not be construed as an offer to represent you, nor is it intended to create, nor shall the receipt of such information constitute, an attorney-client relationship. Our hope is that you will find the information useful and informative, and we would be happy to communicate with you and answer any questions you may have about our legal services. Readers should not act upon the information on this website, or decide not to act based upon the information on this website, without first seeking appropriate professional counsel from an attorney licensed in the home state of the drivers license of the person who received the relevant traffic citation.
Benjamin Goldman Law Office
You can definitely fight this ticket but not on the grounds the pedestrian was an undercover cop. ..