Failure to Yield Right of Way in Fairfax

Failure to Yield Right of Way in Fairfax 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 in Fairfax

Failure to Yield Right of Way in Fairfax is Punished with Jail Time

To convict an offender of Failure to Yield Right of Way in Fairfax under Va. Code §46.2-863, the Commonwealth must prove that the offender:

• 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 Fairfax

Failure to yield the right of way under Va. Code §46.2-863 is a form of Reckless Driving and is a Class 1 misdemeanor. It is punished with up to 12 months in jail, a fine up to $2,500, possible driver’s license suspension up to 6 months, automatic DMV demerit points, and a conviction will remain on the driver’s Virginia driving record for 11 years. Most importantly, because Failure to Yield Right of Way 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.