California Vehicle Code: CVC 21753 Failure to Yield to Overtaking Vehicle
Can you be charged for failure to yield? A driver behind you honks the horn and flashes the headlights because the driver wants to pass you. You speed up instead of moving to the right so the driver speeds up and again honks the horn and flashes the headlights. A California Highway Patrol officer pulls you over. The other driver should receive the traffic ticket, correct? Not according to California Vehicle Code § 21753.
Failure to Yield to Overtaking Vehicle
According to CVC § 21753, unless passing on the right is permitted, you must move to the right-hand side of the highway when another vehicle is passing you after the driver honks the horn and/or flashes the headlights. The CVC specifically prohibits you from increasing your speed until the other vehicle has safely passed you. However, the code section does not require you to drive on the shoulder of the highway to allow another driver who wishes to travel at a faster speed to pass you.
What is the Fine for Failure to Yield to a Passing Vehicle?
If you are found guilty of violating this section of the California Vehicle Code, you can be fined up to $238 plus court fees and costs. This is also a one-point violation; therefore, the DMV will add a point to your driver’s license. Depending on your driving record, this could result in higher vehicle insurance premiums.
Unfortunately, aggressive driving is becoming an increasing problem in California and throughout the United States. Drivers are exceeding speed limits and disobeying traffic laws. The number of traffic accidents from aggressive driving is also increasing. Therefore, it is better to move to the right on the highway if a driver behind you signals he or she wants to pass. It is the law and it is safer to let a driver who wants to travel faster go on about his or her way.
Fight Your California Traffic Ticket and Win!
Have you received a California traffic ticket for failure to yield to overtaking vehicle? Are you facing a huge fine for a traffic ticket in California? It is in your best interest to fight a traffic ticket instead of pleading guilty and paying a fine.
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