No one wants to hit a pedestrian when behind the wheel of a vehicle. Certainly, pitting even a small car against the human body will end badly. For this reason, most Georgia law enforcement officers will pull you over if you break a law regarding pedestrians on roadways.
However, there are circumstances in which this kind of traffic violation can, and should, be fought. Many of these defense strategies involve interpretation of state law and a good north Georgia traffic violation attorney.
There are many types of “failure to yield” statutes in the Georgia state traffic codes. Three of these pertain to the rights of pedestrians. If you have been arrested for failing to yield to a pedestrian, you may want to know more about this particular citation.
The three laws that govern motor vehicles and pedestrians are:
- Code 40-6-91. Failure to yield right of way in crosswalks: This code states that, “The driver of a vehicle shall stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling.” This also pertains to pedestrians in crosswalks on the road you are turning onto. In addition, you cannot pass a vehicle stopped for a pedestrian.
- Code 40-6-93 Failure to Exercise Due Care Near Pedestrian: “… every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian on any roadway, shall give warning by sounding his horn when necessary, and shall exercise proper precautions upon observing any child or any obviously confused, incapacitated, or intoxicated person.”
- Code 40-6-94 Failure to Yield to Blind Pedestrian: “ The driver of every vehicle shall yield the right of way to any blind pedestrian who is carrying a walking cane or stick white in color or white tipped with red, or who is accompanied by a guide dog.
If You Are Convicted
- All three of these moving violations result in three points on your license. These three points can get you well on your way to the maximum of 15 points within a 24-month period of time.
- Fines will vary depending on what county or town you were ticketed in.
- Unless you are able to attend traffic school or find another way of avoiding it, you will have to accept full penalties for your infraction.
If you have questions about a failure to yield traffic violation in north Georgia, or any other types of traffic tickets, call us at the Law Office of Scott Miller in Alpharetta.