Quick answer: A failure to yield citation in Maryland is 1 point — or 3 points if it contributed to an accident. But there are eight separate right-of-way sections in Title 21, Subtitle 4, and which one is written on your citation changes what the State has to prove. Get the section wrong and you defend the wrong case.
I’m David Waranch. I’ve handled thousands of Maryland traffic cases, and right-of-way charges are among the most winnable — because almost all of them turn on a judgment call the officer usually didn’t see.
First: Which Section Are You Charged Under?
“Failure to yield” isn’t one offense. Look at the code printed on your citation and find it here — it tells you what the State actually has to prove.
| Section | The situation | What the State must show |
|---|---|---|
| 21-401 | Uncontrolled intersection | That the other vehicle approached from your right. Approach from the left and the right-of-way was yours. |
| 21-401.1 | “T” intersection, no signal or sign | Its own separate rule — commonly charged incorrectly. |
| 21-402 | Left turn or U-turn | The oncoming car was in the intersection or “so near to it as to be an immediate danger.” |
| 21-403 | Stop sign, yield sign, through highway | That you failed to yield after stopping — or approached a yield sign without caution. |
| 21-404 | Entering a highway from a driveway, parking lot or unpaved road | That traffic on the highway had priority and you didn’t give it. |
| 21-404.1 | Entering from a crossover | Narrow, specific, and often the wrong charge. |
| 21-405 | Emergency vehicles and tow trucks | Maryland’s “move over” rule — a different analysis entirely. |
| 21-406 | Any of the above causing death or serious injury | Much more serious. See below. |
If the officer wrote the wrong section for what actually happened, that is not a technicality — it’s a defense.
The Four Words That Decide Most of These Cases
The single most common charge is the left turn, under Transp. § 21-402. Read what it actually requires:
The driver must “yield the right-of-way to any other vehicle that is approaching from the opposite direction and is in the intersection or so near to it as to be an immediate danger.”
“An immediate danger.” Not “approaching.” Not “visible.” Not “you should have waited.” The oncoming vehicle had to be close enough to constitute an immediate danger at the moment you began the turn.
That is a factual question about distance and speed — and it is very often a question the officer cannot answer, because the officer was not positioned to judge it, or arrived after it happened. A driver who turned in front of a car three hundred feet away doing the limit has not broken this statute, however annoyed the other driver was.
The same logic runs through the subtitle. These are not offenses of being in the wrong place — they are offenses of failing to yield to someone who had priority and was close enough to matter.
What It Costs You
| Outcome | Points |
|---|---|
| Failure to yield, no accident | 1 point |
| Failure to yield that contributed to an accident | 3 points |
That three-point uplift comes from the general rule in Transp. § 16-402 and COMAR 11.17.13.02: any moving violation contributing to an accident is assessed at three points rather than one. Since most failure-to-yield citations are written because there was a collision, three points is the realistic starting position, not one.
Then the consequences that outlast the fine:
- Insurance. An at-fault intersection conviction is one of the most heavily weighted things on a driving record. It follows you for years.
- The civil case. A conviction is a gift to the other driver’s insurer. Maryland is a contributory negligence state — if you’re found even slightly at fault, you may recover nothing. What happens in traffic court can shape that.
- Your job. CDL holders, rideshare and delivery drivers, and anyone with a company vehicle or a clearance feel this far more than the fine.
- Point accumulation. Points stack. Three here plus what’s already there can put you into MVA territory you didn’t expect — see how Maryland’s point system works.
When a Yield Charge Becomes Serious
This is the part almost nobody writes about, and it is the reason to call a lawyer rather than pay the ticket.
Transp. § 21-406 makes it a separate offense to commit any violation of the right-of-way subtitle that contributes to an accident resulting in the death or serious bodily injury of another person.
| Ordinary failure to yield | Under § 21-406 |
|---|---|
| 1–3 points, modest fine | Fine up to $1,000 |
| No suspension | MVA may suspend for up to 180 days |
The same left turn, on the same day, at the same intersection. The only variable is how badly the other person was hurt. If anyone was taken to hospital from your collision, do not pay this ticket and do not talk to the other insurer before you talk to me.
How I Defend These
Right-of-way cases are built on someone’s reconstruction of two or three seconds. That is where the work is.
- Was the officer there? In a great many of these the officer arrived after the collision and wrote the citation from what one driver told him. That is not observation — and the other driver is not a neutral witness.
- Immediate danger, or merely approaching? Under § 21-402 this is the whole case. Distance, speed, sightlines.
- Was it the right section? A crossover charged as an intersection, a T-junction charged under the general rule — the State has to prove the offense it charged.
- What did the road look like? Obscured signs, construction, parked vehicles, a hedge, sun glare, faded markings. Photographs taken now are evidence; memories in six months are not.
- Footage. Body-worn camera, dash cameras, nearby businesses. It has a short retention window, which is why calling early matters.
- The other driver’s conduct. Speeding, running the light, accelerating on a stale amber — priority is not absolute.
- Disposition. Where conviction is likely, the work shifts to protecting the record: probation before judgment, an amendment to a lesser charge, or mitigation at a waiver hearing.
And for most of these, I can appear without you — Transp. § 26-204(b) lists appearance by counsel as compliance with your citation.
Where I Appear
District courts treat yield cases differently, and knowing the courthouse matters as much as knowing the statute. I appear across Maryland, including Prince George’s, Montgomery, Baltimore County, Baltimore City, Howard, Anne Arundel, Charles, Frederick, Harford and Carroll counties.
Related Charges
- Failure to yield in Maryland — the law explained in full
- Stop sign violations
- Negligent driving
- Unsafe lane change
- Failure to stop for a pedestrian
- Traffic control device violations
Frequently Asked Questions
How many points is failure to yield in Maryland?
1 point if no accident resulted, and 3 points if the violation contributed to an accident. The three-point figure comes from the general rule that any moving violation contributing to an accident is assessed at three points.
Should I just pay a failure to yield ticket?
Paying is a guilty plea, and it hands the other driver’s insurer a finding of fault in any civil claim. In a contributory negligence state that can be decisive. If there was a collision, paying is usually the most expensive option available to you.
Can you fight a failure to yield ticket in Maryland?
Yes, and these are among the more defensible traffic charges. They depend on a judgment about distance and timing that the officer frequently did not witness, and under § 21-402 the State must show the other vehicle was “so near as to be an immediate danger” — not merely that it was coming.
Who has the right of way at an uncontrolled intersection in Maryland?
Under § 21-401, the vehicle on the right has priority: you have the right-of-way over a vehicle approaching from your left, and must yield to one approaching from your right. This does not apply at through highways or where the subtitle provides otherwise.
What happens if a failure to yield caused an injury?
Where a right-of-way violation contributes to an accident causing death or serious bodily injury, § 21-406 applies: a fine of up to $1,000 and an MVA suspension of up to 180 days. That is a different case from an ordinary citation and should not be handled without a lawyer.
Do I have to go to court for a failure to yield ticket?
Usually not. For a payable citation, Transp. § 26-204(b) treats appearance by counsel as compliance, so I can attend in your place. More on when you have to appear.
Send Me the Citation
Photograph it, both sides. I’ll tell you which section you’re charged under, what the State has to prove, whether it’s worth fighting, and whether I need you in court at all. That conversation is free.
If there was a collision, do it today — camera footage doesn’t wait.
Toll-free 1-877-566-2408. Free consultation. Hablamos Español. Law Offices of David R. Waranch — Maryland traffic and criminal defense.
Last updated: August 2026. Statutory references: Md. Code, Transp. §§ 21-401, 21-401.1, 21-402, 21-403, 21-404, 21-404.1, 21-405, 21-406, 16-402, 26-204; COMAR 11.17.13.02.