Failure to Yield Right of Way in Fauquier County

Failure to Yield Right of Way in Fauquier County 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 Fauquier County

Failure to Yield Right of Way in Fauquier County is a Crime

To convict an offender of Failure to Yield Right of Way in Fauquier County 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 Fauquier County

Failure to Yield 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.