CRS 42-4-702 is the Colorado statute that makes it a traffic violation for a driver to turn left within an intersection while failing to yield the right-of-way to any vehicle coming from the opposite direction. An offense under this law is a class A traffic infraction.
The language of Section 42-4-702 states that:
The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard. Any person who violates any provision of this section commits a class A traffic infraction.
Examples of unlawful acts
- gunning a motor vehicle through an intersection to avoid an oncoming driver.
- turning left into a driveway without yielding to an approaching truck.
- making a left turn into a Denver alley without looking to see if there were oncoming vehicles.
Legal Defenses
A driver can challenge a failure to yield charge with a legal defense. Common defenses include a driver showing that:
- he/she sufficiently yielded,
- the driver was falsely accused, or the police officer was mistaken, and/or
- there was an emergency.
Penalties
A violation of this traffic regulation is a class A infraction. This is opposed to a class B infraction, a misdemeanor, or a Colorado felony.
A violator will receive:
- a $70 fine, and
- three points assessed on his/her driver’s license.
Our Colorado criminal defense and personal injury lawyers will highlight the following in this article:
- 1. What is an offense under CRS 42-4-702?
- 2. Are there defenses to failure to yield charges?
- 3. What are the penalties?
- 4. Can violating this statute result in other charges?
- 5. Does a failure to yield affect a personal injury lawsuit?
- 6. Are there laws related to this statute?
1. What is an offense under CRS 42-4-702?
According to Colorado Revised Statutes 42-4-702, it is a traffic violation for a driver to:
- fail to yield the right-of-way to oncoming traffic, and
- do so while waiting to turn left within an intersection or left into an alley, private road, or driveway.1
A driver sufficiently yields under this law if he/she can turn left without an oncoming car constituting an immediate hazard.2
2. Are there defenses to failure to yield charges?
Traffic lawyers use a few legal strategies when contesting these charges. Examples include a defendant showing that:
- he/she sufficiently yielded.
- he/she was falsely accused.
- there was an emergency
2.1 Sufficiently yielded
It is a valid defense under this statute for a motorist to say that he/she did, in fact, yield. Recall that a driver sufficiently yields when he/she can turn left without an oncoming car constituting an immediate hazard.
2.2 Falsely accused
It is always a defense for a driver to say that a police officer made a mistake in issuing a ticket, and thus, he/she was falsely accused. Perhaps, for example, an officer did not clearly see a vehicle turning and made the mistake that it did not yield.
2.3 Emergency
An accused can raise the defense that an emergency arose that prevented his/her compliance with the law. Perhaps, for example, a driver had to suddenly turn without yielding to move for an emergency vehicle, or, to avoid a crash.
3. What are the penalties?
The failure to yield is charged as a class A traffic infraction.
The guilty driver is punished with:
- a $70 fine, and
- three points getting assessed on his/her driver’s license.3
Note that the Colorado DMV will suspend a person’s driver’s license if he/she gets too many points over a certain period of time.4
4. Can violating this statute result in other charges?
Violating this statute can produce other charges.
Police can charge/arrest a person provided that they have probable cause to believe he or she committed an offense.
Therefore, in the context of a failure to yield stop, police can arrest or charge a driver for any additional crime (for example, DUI) if they have probable cause that the driver committed one.
5. Does a failure to yield affect a personal injury lawsuit?
A violation of this statute can affect a personal injury lawsuit because it suggests that the guilty driver was negligent per se.5
The latter is a presumption that the driver was negligent in causing some injury or accident. If it goes unrebutted, then the driver will have to compensate any injured parties for the harm he/she caused.
6. Are there laws related to this statute?
There are three laws related to this statute. These are:
- driving through a safety zone – CRS 42-4-806,
- speeding – CRS 42-4-1101, and
- littering onto a highway – CRS 42-4-1406.
6.1 Driving through a safety zone – CRS 42-4-806
CRS 42-4-806 is the Colorado statute that makes it is a traffic offense for any motorist to drive through a safety zone. A “safety zone” is essentially a clearly marked area set aside for the use of pedestrians.
6.2 Speeding – CRS 42-4-1101
CRS 42-4-1101 is the Colorado law that prohibits speeding, or a person from driving faster than a state speed limit.
6.3 Littering onto a highway – CRS 42-4-1406
CRS 42-4-1406 is the Colorado traffic regulation that makes it an offense for a person to throw any object on a highway if it could harm a person, animal, or vehicle.
Legal References:
- CRS 42-4-702.
- See above.
- CRS 42-4-1701.
- See, for example, Colorado Department of Revenue website, “Point Suspensions.”
- See, for example, Thoen v. Pub. Serv. Co. (1944) 112 Colo. 126.