7.708 — FAILURE TO YIELD TO A TRAFFIC DEVICE OR STOP SIGN

Violations of "Statute 7.708" results in an Infraction with receiving an additional license point(s) of 1.

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(a) Definitions

Failure to yield to a traffic device or stop sign is defined as the act of not following the instructions or signals provided by road signs, signals, or traffic control devices, such as stop signs, yield signs, or traffic lights, which are placed to control the flow of traffic and ensure safety. This offense occurs when a driver does not obey these traffic control devices, leading to a risk of accident or injury to others.

(b) Elements

To establish the offense of failure to yield to a traffic device or stop sign, the prosecution must prove beyond a reasonable doubt the following elements:

1. The defendant was operating a motor vehicle on a roadway.

2. The defendant approached or encountered a traffic control device or stop sign that required them to yield or stop.

3. The defendant failed to stop or yield when required by law.

4. The defendant’s failure to yield created a risk of danger to other drivers, pedestrians, or property.

Examples include running a stop sign, failing to yield at a yield sign, or disregarding a traffic light in an intersection.

(c) Defenses

Defenses against a charge of failure to yield to a traffic device or stop sign may include:

1. The defendant did not fail to yield or stop, and the traffic control device was either not visible or malfunctioning.

2. The defendant’s vehicle was in a position where it could not safely stop, such as in heavy traffic or on a slippery road.

3. The defendant was required to yield or stop in an emergency situation, such as avoiding an accident or reacting to a sudden hazard.

4. The defendant’s failure to yield did not result in any collision, accident, or risk to other road users.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

1. The defendant’s failure to yield resulted in an accident or collision that caused injury or property damage.

2. The defendant’s failure to yield was in a high-risk area, such as near schools, intersections, or pedestrian crossings.

3. The defendant has a history of traffic violations or disregard for traffic control devices.

4. The defendant was driving under the influence of alcohol or drugs at the time of the offense, further impairing their ability to safely navigate traffic control devices.

5. The defendant’s failure to yield created a significant danger to public safety, including other vehicles, pedestrians, or cyclists.