DUI Lawyer | Joel Brand, Esq.

VC 21801 – Failure to Yield (Approaching Vehicles)

Navigating the complexities of traffic laws is crucial for maintaining safety on the roads. California Vehicle Code (VC) § 21801 is one such regulation that addresses the conduct of drivers when making turns or entering intersections. This article offers a detailed examination of VC 21801, its requirements, the implications of non-compliance, and potential defenses against violations.

What Is VC 21801?

California Vehicle Code § 21801 states:

“(a) The driver of a vehicle intending to turn left or to make a U-turn at an intersection shall yield the right-of-way to any vehicle approaching from the opposite direction that is within the intersection or so close thereto as to constitute an immediate hazard.”

In essence, VC 21801 requires drivers intending to turn left or make a U-turn at an intersection to yield to oncoming traffic that is either within the intersection or approaching closely enough to pose a hazard. This law is designed to prevent accidents at intersections by ensuring that drivers do not make turns or U-turns when it could endanger other road users.

Why Is VC 21801 Important?

VC 21801 plays a vital role in maintaining road safety. Intersections are high-risk areas where multiple vehicles converge, and failure to yield appropriately can lead to serious collisions. By mandating that drivers yield to oncoming traffic when turning left or making U-turns, this law aims to reduce the risk of accidents and ensure smoother traffic flow.

Understanding the Scope of VC 21801

VC 21801 specifically addresses situations where a driver is turning left or making a U-turn. It is essential to understand that this requirement applies regardless of the type of intersection—whether it is controlled by signals, signs, or simply marked lanes. The law focuses on the safety of both the driver making the turn and other road users who may be affected.

Penalties for Violating VC 21801

Violating VC 21801 is classified as an infraction. The penalties typically involve:

  1. Fines: The standard fine for a VC 21801 violation may vary depending on the county and specific circumstances. Fines can be substantial and are intended to deter non-compliance.
  2. Points on Driving Record: A violation of VC 21801 can result in points being added to the driver’s record. Accumulating points may lead to increased insurance premiums and, in severe cases, the suspension of driving privileges.
  3. Court Costs: In addition to fines, drivers may be required to pay court costs if their case goes to trial or if they request a trial by written declaration.

Common Defenses Against VC 21801 Charges

If cited for a VC 21801 violation, several defenses might be available:

  1. Insufficient Evidence: The prosecution must prove that you failed to yield as required. If there is insufficient evidence to demonstrate that you did not yield properly, you may contest the citation.
  2. Obstructed View: If you can show that your view of oncoming traffic was obstructed by other vehicles, buildings, or signage, you might argue that you could not reasonably determine whether it was safe to proceed.
  3. Emergency Situations: If you were compelled to make the turn or U-turn due to an emergency situation, you might be able to use this as a defense. However, the circumstances must be compelling and clearly demonstrated.
  4. Misidentification: In some cases, you might have been wrongly identified as the driver who committed the violation. If there is evidence suggesting that another driver was at fault, this could be a valid defense.
  5. Faulty Traffic Control Devices: If traffic signals or signs were malfunctioning or not visible, you might argue that you were not given proper notice of the need to yield.

Legal Advice and Representation

Dealing with a VC 21801 citation can be complex, particularly if there are additional legal or factual issues involved. Consulting with an experienced traffic or DUI attorney can help ensure that your rights are protected and that you receive a fair resolution. An attorney can assist with evaluating the evidence, presenting a defense, and negotiating with prosecutors or courts.

Conclusion

California Vehicle Code § 21801 is a critical regulation designed to enhance safety at intersections by requiring drivers to yield to oncoming traffic when turning left or making U-turns. Understanding and complying with this law is essential for preventing accidents and legal issues. If you are cited for a violation, seeking legal guidance can help you navigate the situation effectively and safeguard your driving record.

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