When you are driving your vehicle, you have the responsibility to yield to vehicles with the right of way. Also, you must yield to certain types of vehicles, regardless of who has the right of way. “Failure to yield" citations are often issued as a result of a traffic accident or when an officer witnesses an individual commit the offense of failure to yield.
Many times, the other driver / pedestrian is the only witness that the State has to prove its case and the witness will fail to appear, which results in your ticket being dismissed. However, you should always be prepared for a full trial, in the event that the witness does appear and is ready to testify against you.
There are many Florida Statutes that deal with "Failure to Yield", including:
Fla. Stat. 316.079 - Duty to Yield to Highway Construction Workers
Fla. Stat. 316.0815 - Duty to Yield to Public Transit Vehicles
Fla. Stat. 316.121 - Vehicles Approaching or Entering Intersections
Fla. Stat. 316.122 - Vehicle Turning Left
Fla. Stat. 316.123 - Vehicle Entering Stop or Yield Intersection
Fla. Stat. 316.075(1)(a)(1) - Duty to Yield to Pedestrians in Crosswalk
If you have been issued a citation for failing to yield in the Tampa Bay area, please feel free to contact my office to discuss your options. Don't just pay the ticket and plead guilty, consult a local traffic attorney so that you can make an informed decision regarding your driving privilege.