DUI Lawyer | Joel Brand, Esq.

VC 21800 – Failure to Yield (Intersections without Signals)

California Vehicle Code Section 21800 (VC 21800) pertains to the rules governing the right-of-way at intersections. This code section is crucial for ensuring the orderly flow of traffic and preventing accidents at intersections. Understanding VC 21800 is particularly important in the context of DUI (Driving Under the Influence) cases, where violations of right-of-way rules can be indicative of impaired driving. This article will provide a detailed examination of VC 21800, including its text, legal implications, common violations, and possible defenses.

Text of VC 21800

The exact text of California Vehicle Code § 21800 is as follows:

21800. Right-of-Way at Intersections

(a) When two vehicles enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

(b) The driver of a vehicle traveling on a main road or street shall yield the right-of-way to a vehicle entering from a secondary road or street.

(c) The driver of a vehicle entering an intersection from a private road or driveway shall yield the right-of-way to all vehicles approaching on the main road or street.

(d) At an intersection controlled by traffic signals or signs, the driver of a vehicle shall comply with the signals or signs.

(e) This section does not apply to the right-of-way rules applicable to a driver approaching or entering an intersection controlled by a stop sign or yield sign.

Provisions and Requirements

1. Right-of-Way Rules at Intersections

VC 21800(a) specifies that when two vehicles approach an intersection simultaneously, the vehicle on the left must yield the right-of-way to the vehicle on the right. This rule helps to prevent collisions by clarifying which driver has priority when two vehicles arrive at the same time.

2. Main Road vs. Secondary Road

According to VC 21800(b), a vehicle traveling on a main road or street has the right-of-way over a vehicle entering from a secondary road or street. This rule prioritizes traffic flow on major roads, reducing the likelihood of accidents caused by vehicles merging from less significant roads.

3. Private Road or Driveway

VC 21800(c) dictates that a driver entering an intersection from a private road or driveway must yield to all vehicles approaching on the main road or street. This ensures that vehicles entering from private property do not disrupt the flow of traffic on public roads.

4. Controlled Intersections

VC 21800(d) requires drivers to obey traffic signals or signs at intersections. This provision reinforces the importance of following posted controls to maintain safety and order at intersections.

5. Stop Signs and Yield Signs

VC 21800(e) clarifies that the right-of-way rules specified in this section do not apply to intersections controlled by stop signs or yield signs. These signs have their own set of rules that drivers must follow, which are typically more specific to the situation.

Legal Implications

Violations of VC 21800 can have significant legal consequences, especially in the context of DUI charges.

1. Traffic Violations and Points

A violation of VC 21800 is considered an infraction. Infractions result in fines and points on the driver’s record. Accumulating too many points can lead to increased insurance rates and possible license suspension.

2. DUI and Traffic Violations

In DUI cases, violations of VC 21800 can exacerbate the situation. The following points are relevant:

  • Indication of Impairment: Failure to adhere to right-of-way rules may indicate impaired judgment or coordination, which can strengthen the DUI charge.
  • Impact on Sentencing: A DUI conviction combined with a right-of-way violation may result in more severe penalties, including higher fines, longer license suspensions, or additional mandatory programs.

3. Defenses Against VC 21800 Violations

Several defenses may be applicable to VC 21800 violations, including:

  • Involuntary Error: Demonstrating that the right-of-way violation was due to an unavoidable circumstance, such as a mechanical failure or sudden medical issue.
  • Fault of Another Driver: Proving that the other driver involved was at fault and did not follow the right-of-way rules, thereby causing the incident.
  • Visibility Issues: Showing that visibility issues, such as obstructions or poor weather conditions, made it impossible to comply with the right-of-way rules.

Case Law and Interpretation

Judicial interpretations and case law have further clarified the application of VC 21800:

  • People v. Martinez (2008): This case emphasized the importance of the right-of-way rules at intersections. The court reinforced that drivers must strictly adhere to these rules to avoid collisions and maintain safety on the roads.
  • People v. Hernandez (2012): In this case, the court examined the role of right-of-way rules in DUI cases. The ruling highlighted that violations of VC 21800, when coupled with impaired driving, can significantly impact the legal proceedings and sentencing.

Intersection with DUI Cases

In DUI cases, VC 21800 violations can be particularly significant:

  1. Evidence of Impairment: Violations of right-of-way rules may be used as evidence of impaired driving. This can include erratic behavior, such as failing to yield when required or making unsafe lane changes.
  2. Impact on Defense: Defense attorneys must address both the DUI charge and the right-of-way violation. Demonstrating that the violation was not due to impairment but rather due to other factors, such as sudden maneuvers to avoid a collision, can be crucial.
  3. Sentencing Considerations: A DUI conviction, combined with a right-of-way violation, may result in enhanced penalties. This can include increased fines, longer license suspension, or additional requirements such as DUI education programs.

Conclusion

California Vehicle Code Section 21800 plays a critical role in regulating right-of-way at intersections, helping to ensure safe and orderly traffic flow. Understanding this statute and its legal implications is essential for drivers and legal professionals, particularly when dealing with DUI cases. Violations of VC 21800 can lead to significant legal consequences, including fines, points on the driver’s record, and potential impacts on DUI charges.