Our Broward County traffic ticket defense lawyers at the Law Offices of Leifert & Leifert know that Florida State Statute 316.123 deals with the specifications surrounding when a vehicle may enter a stop or yield intersection.
The statute stipulates that the right-of-way at an intersection may be indicated by stop signs or yield signs, as is authorized in s. 316.006. The statute goes on to note that, except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle that is approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if none exists, then they shall stop before entering the crosswalk on the near side of the intersection or, if none exists, then they shall stop at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.
After having stopped, the subsection goes on to instruct, that the driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection. The statute also says that at a four-way stop intersection, the driver of the first vehicle to stop at the intersection shall be the first to proceed. If two or more vehicles reach the four-way stop intersection at the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
A driver of a vehicle approaching a yield sign shall, in obedience to such sign, slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection. If such a driver is involved in a collision with a pedestrian in a crosswalk or a vehicle in the intersection, after driving past a yield sign without stopping, the collision shall be deemed prima facie evidence of the driver’s failure to yield the right-of-way.
In terms of punishment, our Hollywood and Delray Beach traffic ticket defense lawyers know that a violation of this section is a noncriminal traffic infraction, punishable as a moving violation as provided in chapter 318, which can mean a fine of $60 plus court fees and costs, not to mention potential attorneys fees.
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