Failure to Yield Right of Way in Virginia §46.2-863
September 15, 2016 by Jean Humbrecht
Failure to yield right of way in Virginia under Va. Code §46.2-863 is a form of reckless driving. This offense is not merely a traffic infraction, but it is a crime and a conviction will remain on a driver’s permanent criminal record.
Proof of Failure to Yield Right of Way Under Va. Code §46.2-863
To convict an offender of Failure to Yield Right of Way in Virginia under Va. Code §46.2-863, the Commonwealth must prove that the offender:
Failing to Yield the Right of Way Can Be A Crime in Virginia
- failed to bring his vehicle immediately to a stop
- before entering a highway
- from a side road
- when there is traffic approaching the highway
- within 500 feet of the entrance
or
- failed to yield right-of-way
- before entering a highway
- from a side road
- to a vehicle approaching on a highway from either direction
- when a yield right-of-way sign is posted
Penalty for Failure to Yield Right of Way in Virginia Under Va. Code §46.2-863
Failure to yield right of way in Virginia under Va. Code §46.2-863 is a form of reckless driving. Therefore, it is a Class 1 misdemeanor. It is punished with jail, fines, driver’s license suspension, DMV demerit points, and possible enrollment in Virginia ASAP program.
- Jail: Failure to Yield Right of Way in Virginia under Va. Code §46.2-863 is punished with up to 12 months in jail.
- Fines and Court Costs: The offense can also be punished with a fine up to $2500. Additionally, any driver convicted of Failure to Yield Right of Way in Virginia under Va. Code §46.2-863 will also be required to pay court costs, regardless of any fine.
- Driver’s License Suspension: Anyone convicted of Failure to Yield Right of Way in Virginia under Va. Code §46.2-863 can be punished with driver’s license suspension for 60 days up to 6 months. The court may issue the offender a restricted driver’s license. Commercial drivers, however, cannot obtain a restricted license if their license is suspended for Failure to Yield Right of Way in Virginia.
- DMV Points: A conviction for Failure to Yield Right of Way in Virginia will automatically result in 4 DMV demerit points.
- Virginia ASAP: If the court believes that the reckless driving was alcohol-related or drug-related, the court may order the driver to enroll in and complete the Virginia Alcohol Safety Action Program (ASAP).
- Texting While Driving: If the driver was using a handheld communications device in violation of Va. Code §46.2-818.2 (or texting while driving), he will be fined a mandatory minimum of $250 (Va. Code §46.2-868(C)). A driver can even be charged with, and convicted of, reckless driving and texting while driving under Va. Code §46.2-818.2 in Virginia. For more information on texting while driving in Virginia under Va. Code §46.2-818.2, click here.
- Virginia Driving Record: A conviction for Failure to Yield Right of Way in Virginia under Va. Code §46.2-863 will remain on a person’s Virginia driving record for 11 years.
- Criminal Record: Because Failure to Yield Right of Way in Virginia under Va. Code §46.2-863 is a form of reckless driving, it is a CRIME and a conviction will remain on a driver’s permanent criminal record and cannot be expunged.
Felony Reckless Driving
Virginia reckless driving charges under Va. Code §46.2-863 can sometimes be felonies. If the offender was driving without a valid operator’s license due to a suspension or revocation for a moving violation and his reckless driving caused the death of another person, he will be charged with a Class 6 felony (Va. Code §46.2-868(B)). Felony reckless driving is punished with up to 5 years in prison, a fine up to $2500, and driver’s license revocation for one year. For more information on felony reckless driving charges in Virginia, click here.
Failure to Yield Right of Way in Virginia: Statute
§46.2-863. Failure to yield right-of-way.