NYC Failure to Yield
Getting any type of traffic ticket in New York is a pain, especially in New York City, where points and fees are added and and you have fewer protections at the Traffic Violations Bureau (TVB) than at traffic court outside of NYC. While the TVB handles most of the traffic tickets issued in New York City, some go to the New York’s Office of Administrative Trials and Hearings (“OATH”).
What is Failure to Yield?
In New York City, failure to yield laws apply when, among other things, a motorist does not come to a full stop when a pedestrian or cyclist has the right of way. This is established in New York’s Vehicle and Traffic Laws (VTL), New York City Traffic Rules & Regulations, and New York City Administrative Code. The only exception to this responsibility is when you are otherwise directed by a police officer to continue driving.
This law applies in any of the following scenarios:
When there is a stop sign
When there is a crosswalk
When there is a clearly marked stop line
When there is a yield sign
If there is already another vehicle stopped in front of you by the time you arrive at an intersection, you are not permitted to pass the stopped car.
Consequences for Failing to Yield
Section 19-190 of New York City’s Administrative Code makes it an administrative code violation for a driver to fail to yield the right of way to a pedestrian or cyclist. However, if the failure to yield results in injury or death, then it becomes a misdemeanor — which is a crime. This type of infraction is one of the most enforced ones in all five boroughs. There are no points for NYC Administrative Code violations, only for NYS and NYC traffic violations.
The fine for failing to yield when there is no injury or death is up to $50 and/or 15 days of jail time. In addition to the fine, you can also face an additional civil penalty of up to $100.
In the event of injury, there is an initial fine of up to $250 and/or 30 days in jail. In addition to the fine, you could face a civil penalty of up to an extra $250.
If there is a lawsuit, a conviction to this charge to an OATH violation can be used against you in a related civil lawsuit. If the pedestrian or cyclist is hurt or injured, then the charge is elevated to a misdemeanor which, if convicted, could give you criminal record!
Consequences of an OATH Ticket
On your summons, you will find a date and time for a hearing date. If you fail to respond to an OATH summons, by mail or by appearing at OATH, a default judgment will be entered against you and you can get the maximum fines.
In some cases, you might get a settlement offer. If you accept it and send payment by the deadline, you will be deemed as admitting to the charges, and you will not have to show up to the scheduled hearing.
Getting Ready for an OATH Hearing
If you do not accept the offer, you will have to attend the hearing. You can do so in person, virtually, or attend the hearing over the phone.
If you choose to move forward with a hearing, you will have to submit your defense on or before your hearing date. Examples of anything that may help your defense include:
Photographs
Surveillance video footage
Dashcam footage
Witness testimony
Requesting an In-Person Hearing
Each borough has an OATH office. See below. If you want to attend a hearing in person, you will have to request it in advance — no later than three business days before the hearing date.
To request an in-person hearing, you will have to email livehearings@oath.nyc.gov. If OATH determines that the hearing can be held in-person without an undue burden to the people involved and everyone can ensure public health protections, they will approve the request.
Requesting a Phone Hearing
You are also required to contact OATH to set up your phone hearing. You can do so by filling out an online form, and you can opt in to receive text message reminders regarding your case by texting OATHReminder to 917-451-8829.
Requesting an Online Hearing
If you request a virtual hearing, it will be held telephonically. You will have to submit your evidence in advance and secure a reliable phone connection, and avoid distractions.
OATH Hearing Locations
OATH has Hearing Division locations in all boroughs.
Manhattan
66 John Street
10th and 11th Floors
New York, NY 10038
Phone: 844-OATH-NYC (844-628-4692)
Fax: 212-361-1900
Hours: Monday to Friday from 8:00 am until 5:00 pm
Brooklyn
9 Bond Street
6th and 7th Floors
Brooklyn, NY 11201
Phone: 844-OATH-NYC (844-628-4692)
Fax: 718-875-5561
Hours: Monday to Friday from 8:00 am until 5:00 pm
Bronx
260 E. 161 Street, 6th Floor
Bronx, NY 10451
Phone: 844-OATH-NYC (844-628-4692)
Fax: 718-993-3077
Hours: Monday to Friday from 8:00 am until 5:00 pm
Queens
31-00 47 Avenue
3rd and 4th Floor
Long Island City, NY 11101
Phone: 844-OATH-NYC (844-628-4692) on hearing days
Hours: Monday to Friday from 8:00 am until 5:00 pm
Staten Island
350 St. Marks Place
Main Floor
Staten Island, NY 10301
Phone: 844-OATH-NYC (844-628-4692) on hearing days
Fax: 718-815-8391
Hours: Monday to Friday from 8:00 am until 5:00 pm
Please call 718-625-1777 for a FREE TELEPHONE CONSULTATION!
Matthew Dusenberry is a DWI, Criminal Defense and State and City Store License Defense Lawyer in Brooklyn, New York.
Harry Dusenberry has practiced Criminal Defense and DWI Law in New York City for over 40 years.
Law Office of Dusenberry & Dusenberry, 107 Smith Street, Brooklyn, NY 11201. 718-625-1777.
Web: Dusenberrylaw.com
