VC 21804TBWD eligibleRight of way
Failure to yield when entering highway
Failure to yield the right-of-way when entering a highway from a driveway, alley, or private property to vehicles approaching close enough to be an immediate hazard.
Vehicle Code 21804 — statutory text
Official source ↗(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. (b) A driver having yielded as prescribed in subdivision (a), and having given a signal when and as required by this code, may proceed to enter or cross the highway, and the drivers of all other vehicles approaching on the highway shall yield the right-of-way to the vehicle entering or crossing the intersection.
Quoted from the California Legislative Information website. The full section may contain additional subdivisions not reproduced here — click “Official source” for the complete text as currently in force.
Base fine
$238.00
Does not include court fees or assessments.
DMV points
1
Points raise your insurance.
Filing window
30 days
From citation date, use form TR-205-2024.
You can file a Trial by Written Declaration
Under CA Vehicle Code § 40902, infractions may be contested in writing. If the officer fails to respond within their required window, your ticket is dismissed. California requires a bail deposit equal to the fine; it is refunded if dismissed.
Also known as
failure to yield from drivewayentering highway violationyield when entering roadway
Defenses our AI considers (13)
- Equipment fixed — correctable violationhistorical success ~80%Equipment violations (window tint, exhaust, lights, plates, wipers, etc.) are correctable in every supported state. Proof of repair signed by a qualified inspector resolves the citation administratively.
- Documentary cure — proof on date of citationhistorical success ~75%Many "failure to produce" charges (insurance, registration, license) are dismissed on proof the document existed and was valid on the date of citation. This is codified in most state fix-it / correctable-violation statutes.
- Sign obscured, missing, or recently changedhistorical success ~50%A driver cannot be held to a regulation that was not reasonably communicated. An obscured, damaged, missing, or recently-changed sign at the cited location is both a mistake-of-fact defense and a due-process notice defect.
- Statute of limitations / speedy-trial violationhistorical success ~45%Every state imposes statutory deadlines between citation, arraignment, and trial. When the state misses a jurisdictional deadline — including officer-declaration deadlines in TBWD proceedings — dismissal is mandatory, not discretionary.
Our AI drafts 3 options per case, tailored to your ticket's facts. You choose or regenerate.