What Does FTYROW Mean in Virginia?

Many traffic citations include this acronym, which stands for Failure to Yield the Right of Way. Most often, officers issue FTYROW citations in accident cases to establish driver fault. These citations may also apply in one of the two areas discussed below.

A traffic citation could be a game-changer in a civil case. Drivers are negligent as a matter of law if they violate safety laws and those violations substantially cause injury. The negligence per se rule makes it easier to obtain compensation for car crash injuries. But that’s the subject of a different blog.

FTYROW tickets also have significant consequences in criminal law. These citations often fall under the reckless driving umbrella. Reckless driving is a misdemeanor crime, not a traffic offense. As a result, an officer could arrest a driver for failure to yield. Then, in court, a Leesburg criminal defense lawyer must work hard to reduce or eliminate the severe direct and collateral consequences associated with reckless driving convictions.

Highway FTY

Surface street failure-to-yield is an ordinary traffic citation in Virginia. Traffic tickets are much more serious today than they were twenty years ago. Fines are higher, points are greater, and those points stay on your record longer.

So, going to court, pleading guilty, and accepting the maximum punishment usually isn’t a good idea. Instead, a Leesburg criminal defense lawyer should always at least evaluate these claims and determine possible legal options.

Highway FTY is in Section 46.2-863 of the reckless driving law. “A person shall be guilty of reckless driving who fails to bring his vehicle to a stop immediately before entering a highway from a side road when there is traffic approaching on such highway within 500 feet of such point of entrance, unless (i) a Yield Right-of-Way sign is posted or (ii) where such sign is posted, fails, upon entering such highway, to yield the right-of-way to the driver of a vehicle approaching on such highway from either direction.”

So, highway FTY is basically an invisible stop sign, at least in many cases. A vehicle makes a complete stop when the wheels stop turning and the vehicle rocks back.

An officer’s testimony that s/he didn’t see the wheels stop and the vehicle rock back usually holds up in court, unless a lawyer cross-examines the officer and erodes the officer’s credibility.

500 feet is a little more than one-and-a-half football fields. A Leesburg criminal defense lawyer often argues that a curve or hill made it impossible for the defendant to see the full 500 feet.420

Enhanced FTY

Section 46.2-861.1 is often called the move-over law. Drivers approaching stationary emergency vehicles with flashing lights, or non-emergency vehicles with their hazard lights on, must move over at least one lane to the left or right, depending on whether the vehicle is on the left or right shoulder. If that move is unsafe, the driver must proceed “with caution” and “with due regard for safety and traffic conditions.”

Enhanced FTY is usually a subjective offense. In other words, the driver decides whether it’s safe to move over or not, given the traffic conditions, weather conditions, vehicle conditions, driver experience, and all other related factors.

Additionally, the proceed-with-caution requirement doesn’t necessarily mean slowing down. In fact, slowing down could create a hazard, especially if traffic is heavy.

Count on a Dedicated Loudoun County Lawyer

Many criminal charges don’t hold up in court. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. We routinely handle matters throughout Northern Virginia.

This memorandum is provided for general information purposes only and is not a substitute for legal advice particular to your situation. No recipients of this memo should act or refrain from acting solely on the basis of this memorandum without seeking professional legal counsel. Simms Showers LLP expressly disclaims all liability relating to actions taken or not taken based solely on the content of this memorandum.

Source:

law.lis.virginia.gov/vacodefull/title46.2/chapter8/article7/