7.733 — FAILURE TO YIELD TO AN EMERGENCY VEHICLE

Violations of "Statute 7.733" results in an Infraction and a fine of $500

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(a) Definitions

Failure to yield to an emergency vehicle refers to the act of not giving the right of way to emergency vehicles, such as police, fire, or ambulance vehicles, when their lights and sirens are activated, as required by law.

(b) Elements

To establish the offense of failure to yield to an emergency vehicle, the prosecution must prove beyond a reasonable doubt the following elements:

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

• An emergency vehicle was approaching with its lights and sirens activated.

• The defendant failed to yield the right of way to the emergency vehicle, either by not pulling over or not stopping as required by law.

• The emergency vehicle was responding to an emergency situation, such as a medical emergency, fire, or law enforcement action.

(c) Defenses

Defenses against a charge of failure to yield to an emergency vehicle may include:

• The defendant was unable to yield due to the lack of available space on the road, such as being boxed in by other vehicles.

• The defendant did not hear or see the emergency vehicle due to external circumstances, such as loud music or construction noise.

• The defendant was not in a position to safely pull over due to road conditions, weather, or other factors.

(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 delay or obstruction of the emergency vehicle, hindering its response time.

• The defendant’s actions caused a direct risk to the safety of emergency responders or others on the road.

• The defendant has a history of traffic violations or reckless driving.

• The failure to yield occurred in an area with high traffic volume, increasing the risk of collision or injury.