7.710 — FAILURE TO ABIDE BY A RIGHT OF WAY

Violations of "Statute 7.710" results in an Infraction with receiving an additional license point(s) of 1.

---

(a) Definitions

Failure to abide by a right of way is defined as the unlawful act of a driver not yielding the right of way to another vehicle, pedestrian, or cyclist when required by traffic laws, signals, or roadway conditions. This failure can lead to dangerous situations, including accidents, if proper yielding is not observed.

(b) Elements

To establish the offense of failure to abide by a right of way, the prosecution must prove beyond a reasonable doubt the following elements:

• The defendant was operating a motor vehicle on a public roadway or highway.

• The defendant failed to yield the right of way to another driver, pedestrian, or cyclist, despite being legally required to do so.

• The failure to yield occurred at a location where the defendant should have recognized the presence of another vehicle, pedestrian, or cyclist (e.g., intersections, pedestrian crossings, roundabouts).

• The defendant's failure to yield posed a potential hazard to others or caused a traffic disruption.

(c) Defenses

Defenses against a charge of failure to abide by a right of way may include:

• The defendant was not in a position where they were required to yield, and the circumstances of the road or signage were misinterpreted.

• The defendant yielded to a vehicle or person but was misjudged or falsely accused due to the actions of another driver or pedestrian.

• The defendant was operating their vehicle under the necessity of avoiding an immediate hazard, such as another vehicle swerving into their lane, which resulted in the failure to yield.

(d) Aggravating Factors

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

• The failure to yield resulted in a collision, causing property damage or injury to another person.

• The defendant was driving under the influence of alcohol, drugs, or any other substance, which impaired their ability to comply with right of way laws.

• The defendant exhibited reckless or aggressive driving behaviors in addition to failing to yield, such as speeding or tailgating.

• The failure to yield occurred in a high-traffic or high-risk area, such as a school zone or busy intersection, increasing the potential danger to others.