Failure to Yield Entering Highway
Entering or crossing a highway from public or private property or an alley without yielding to traffic approaching close enough to be an immediate hazard.
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Insurance: insurers must weigh your driving safety record first (Insurance Code 1861.02(a)), and more than one violation point counted under Vehicle Code 12810(a) to (d), (f), (i)(1) or (j) in the previous three years ends Good Driver Discount eligibility (Insurance Code 1861.025(b)(1)).
This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.
What is a Failure to Yield Entering Highway ticket?
CVC 21804(a) says the driver of any vehicle about to enter or cross a highway from any public or private property, or from an alley, shall yield the right-of-way to all traffic, as defined in Section 620, approaching on the highway close enough to constitute an immediate hazard, and shall continue to yield until he or she can proceed with reasonable safety.
Ask your insurer how a conviction affects your policy.
What the Law Says
(a) The driver of any vehicle about to enter or cross a highway from any public or private property, or from an alley, shall yield the right-of-way to all traffic, as defined in Section 620, approaching on the highway close enough to constitute an immediate hazard, and shall continue to yield the right-of-way to that traffic until he or she can proceed with reasonable safety.
What the Officer Must Prove
- 1You were about to enter or cross a highway from public or private property, or from an alley
- 2Traffic approaching on the highway was close enough to constitute an immediate hazard
- 3You did not yield the right-of-way to it
Arguments Commonly Raised for Failure to Yield Entering Highway
General information: arguments drivers commonly raise for this code section. Whether any applies depends on your own facts.
No immediate hazard
CVC 21804(a) is about traffic approaching on the highway close enough to constitute an immediate hazard. Describe the traffic when you entered.
You proceeded with reasonable safety
The section requires yielding until the driver can proceed with reasonable safety. Describe how long you waited and what you saw.
⚠️ Common Mistakes
- ✗Not photographing the driveway or alley exit and your view of the road
- ✗Leaving out where the other traffic was when you entered
What this code section covers (general information)
CVC 21804(a) — Failure to Yield Entering Highway. Entering or crossing a highway from public or private property or an alley without yielding to traffic approaching close enough to be an immediate hazard.
This is a fixed-rule section: it describes a specific act or limit. The question is whether the facts show that act: what happened, where, and how it was observed or measured.
Eligible for Trial by Written Declaration: generally yes.
This is general information about CVC 21804(a). It is not advice about your citation, and TicketClear does not evaluate anyone's facts. Whether any of it applies depends on your own facts. For advice about your situation, consult a licensed California attorney.
Traffic School Option
A conviction adds 1 DMV point. The court may let you complete traffic school. If it is the only ticket you have done traffic school for in 18 months, the record is kept confidential and no point is counted (Vehicle Code 1808.7(a)). Traffic school is not available for a violation in a commercial motor vehicle (Vehicle Code 42005(c)(1)). If you hold a commercial driver license, the record is not kept confidential (Vehicle Code 1808.7(b)). Check your notice or your court's website for your options.
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This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.
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