Failure to Yield

Definition of Fail to Yield

The term “failure to yield” or “fail to give way) encompasses several legal provisions that dictate the behaviour of drivers at intersections, signs, and private roads.

Fail to Yield to Traffic on Through Highway s. 136.1(b)

The failure to yield to traffic on a through highway, as stated in s. 136.1(b), places a duty on drivers at intersections controlled by a stop sign. Drivers must remain stopped, if necessary, to ensure that crossing traffic has cleared. Compliance with this section ensures several benefits:

  • Safety: Adhering to the right-of-way laws reduces accidents by giving clear rules on who has the right to proceed.
  • Traffic Flow: Such laws ensure a smoother flow of traffic, minimizing congestion and potential delays, and providing a more predictable and manageable driving environment.
  • Legal Compliance: By understanding this specific law, drivers in Ontario can maintain a clean driving record and avoid unnecessary legal trouble.

Fail to Yield – Sign s.138.1

Under s.138.1, failure to yield at a sign occurs when drivers do not comply with the stipulated guidelines, such as:

  • Assessing Traffic: Failing to appropriately assess and respond to traffic conditions.
  • Ignoring Pedestrian Rights: This might include a fail to yield to a pedestrian, exacerbating the risk involved.
  • Comprehensive Understanding: Understanding how signs function is essential for safe driving and can help you avoid a ticket.

Fail to Yield from Private Road s.139.1

A failure to yield from a private road, according to s.139.1, involves a driver not giving right-of-way to oncoming traffic when exiting a private road or driveway. This specific offence can create confusion and contribute to collisions.

  • Increased Collision Risk: Misjudgment while exiting private roads or driveways can lead to accidents.
  • Legal Liability: This could lead to fines or legal actions, especially if there is an associated accident.

Ask A Traffic Ticket Professional

Have a question about your ticket? We can help!
Call one of our offices for a free consultation.

Penalties for a Failure to Yield Ticket

Ontario laws dictate serious penalties that can be burdensome for anyone receiving a failure to yield ticket:

  • Fines: Fines ranging from $60 to $500.
  • Demerit Points: Three demerit points may be added to the driver’s record.
  • Insurance Implications: Fail to give way convcitions can cause an increase in insurance premiums.
  • Additional Consequences: In cases involving a failure to yield ticket with accident, more serious penalties might be levied.

How To Fight Failure To Yield Charges?

Successfully challenging failure to yield charges in Ontario requires skilled legal assistance. Traffic Paralegal Services can be your ally in this process:

  • Understanding Your Case: We carefully evaluate every detail of your ticket to develop a robust defense strategy.
  • Evidence Gathering: If your case involves a failure to yield ticket with accident, we meticulously collect necessary evidence.
  • Legal Representation: We handle all negotiations and court appearances to fight failure to give way charges, providing you with comprehensive support.

Why You Should Hire Traffic Paralegal Services

  • In-depth Knowledge: Our understanding of fail to give way laws, including nuances like failure to yield to a pedestrian, ensures that you have seasoned professionals on your side.
  • Affordable Solutions: We offer cost-effective options tailored to your unique situation.
  • Track Record: Our success in fighting failure to give way charges reflects our commitment to your legal well-being.


Failure to yield charges, whether involving accidents or pedestrians, are serious matters requiring expert legal handling. By choosing Traffic Paralegal Services, you make a decisive step towards defending your rights and reducing potential penalties. Our deep understanding of Ontario laws and personalized approach ensures that you receive the dedicated support you deserve. Contact Traffic Paralegal Services today and let us assist you in your case.

Aras AAras A
20:36 27 Mar 24
Volodymyr was super helpful and I would not hesitate using their services in the future.
harsh sidhuharsh sidhu
21:32 22 Mar 24
Hands down best experience from a traffic ticket lawyer. Volodymyr Did a great job at fighting my ticket in court told me how it would look did a great job at talking to the crown and getting my tickets dismissed. 100% satisfied.
08:10 08 Mar 24
I was really very appreciative of the efforts of Traffic paralegal services (Caledon office) and the way they managed my traffic ticket. I spoke to Leanne after being issued with an unfair traffic ticket by a belligerent, somewhat biased police officer who was overbearing and seemed to take pleasure in exercising his inflated sense of power! I called the Caledon office in a distraught state and explained my particular situation. I felt truly "heard" by Leanne who was very understanding, helpful and took the time to listen to my story offering useful feedback in a comforting and kind manner. I was at risk of not only a $600 plus fine but also demerit points and a sure increase in insurance if I was charged not to mention my clean record being smeared!Traffic paralegal services were professional, updated me regularly and my charges and fine were withdrawn leaving my record intact! I was mostly grateful for Leanne who took into account my particular situation and the circumstances of the issuance of the traffic ticket and took it in hand to fight my case. Very satisfied with the outcome and the pleasant hassle free process thanks to Leanne and her team!
Pavel HalkoPavel Halko
21:09 06 Mar 24
Both tickets dropped completely. Will definitely recommend and use in the future if needed.
Manoj KumarManoj Kumar
09:57 30 Jan 24
Great service
Celeste BiancaCeleste Bianca
19:40 12 Dec 23
I cannot fully describe in words how amazing the people are who work here! Leanne is the freaking best! I had a charge that was really going to screw up my future and they worked diligently and compassionately to not only get the charges thrown out but to also comfort me through the process! Leanne is the kind of person you want on your side! I cannot thank her and her team enough!!!!!10/10 definitely recommend!!Now, I can happily breathe!
Ruby BrarRuby Brar
15:55 29 Aug 23
My experience was really disappointing. I paid double the cost of my ticket for their services, only to be left with the same offer the prosecution gave me on day 1. Nothing was reduced, not the charge or points so it was a waste of money for me. Everyone I interacted with at Traffic Paralegal Services was nice but I wasn't paying $700 for that... at the most, they delayed the case a few months but overall, I wouldn't recommend.
18:31 08 Jul 23
My family and I have used Traffic Paralegal Services a few times and each time we have been extremely satisfied with the level of service we have recieved. All of the staff have been exceptionally wonderful, professional and courteous. Any questions or concerns we have, have been addressed promptly and the staff are in constant communication with you. This helps alleviate any additional stress one may have as they truly take on your case and manage all hearings, court dates and represent you! A special shout out to Volodymyr who represented both my Mom and brother and saved them their demerit points and convictions. He has done an exceptional job pleading their cases. Their rates are beyond fair for the time and efforts they put in to resolving your case. I would highly recommend Traffic Paralegal Services and would use them in the future again if needed.

Hear What Clients Are Saying About Us

five stars
“Amazing service. So happy I listened to my guts and walked through your door. Thanks a million Steven!!! Took the time to explain the process and possible outcomes. Got the best result for me. Keep up the good work. And to Raquel for keeping me informed. I will definitely be recommending you to any one I know. Thanks again. Regards.”
Gilbert N., Google Review
five stars
“Such great and personalized service. Leanne is amazing. Had such great results! They did even better than what I was told in terms of outcome. I would definitely recommend them to friends and family.
Thank you so much for your help!”
Mandy G., Google Review
five stars
“My girlfriend recently was in a car accident, making a left hand turn, while the other person ran the the light and hit her. She was considered at fault. Patrica and her legal team did a great job and had achieved the results we wanted, won the issue for us. They were very nice and I would recommend their services.”
Thomas G., Google Review
five stars
“Absolutely positive experience. Great customer service, very informative and will make you feel comfortable after consulting with you. They handle everything saving you both time and money. The outcome of my particular case was the best I could have asked for. Thank you, you will be highly recommended.”
Andrew K., Google Review


What does a failure to yield mean?

It means not giving the right-of-way to oncoming traffic or pedestrians as legally required.

What happens if I receive a failure to give way ticket in Ontario?

You may face fines, demerit points, increased insurance premiums, and potentially more severe penalties if there is an associated accident.

Does failure to yield ticket with accident lead to additional penalties?

Yes, an accident can lead to more serious consequences, including higher fines and potential legal actions.

How does a failure to yield ticket affect insurance?

It can lead to increased insurance premiums as it reflects negatively on your driving record.

Is there a difference between failure to yield and reckless driving?

Yes, failure to yield refers to not following specific right-of-way rules, while reckless driving involves a broader pattern of irresponsible behaviour on the road.

What is the usual fine for a fail to give way ticket?

In Ontario, the fines for a failure to yield ticket typically range from $60 to $500, depending on the specific situation.