Fail To Yield To Traffic On Through Highway s.136(1)(b)

Offence Type

This offence is classified as an offence of "Strict Liability".

The Prosecution need only prove the facts and need not prove intent of "the guilty mind". It is a charge open to a defense of "Due Diligence". In other words, the defendant may give evidence that he/she acted in a manner that was reasonable and prudent.

The elements of Fail To Yield are:

  1. Is the intersection controlled with a stop sign?
  2. Yield right of way to traffic in the intersection of approaching from another highway so closely as to cause an immediate hazard.

Sample Fail To Yield Issues

  1. Was the other vehicle close enough that an immediate hazard existed?
  2. Was stop sign properly erected?

Penalty

A conviction brings fines of $ 60.00 to $500.00 and the assessment of 3 demerit points.

Disclaimer

Before deciding on how to proceed with this charge, it is important you understand the benefits of hiring a professional.

Article Contributor

This article was contributed by Fred Davies of the Belleville HELP Office. To reach your local HELP office, please see our locations page.