"Yielding to Pedestrians; N.J.S.A 39:4-35, N.J.S.A 39:4-36 or N.J.S.A. 39:4-41"

Yielding to pedestrians N.J.S.A 39:4-35, N.J.S.A 39:4-36 or N.J.S.A. 39:4-41 is a violation for which two motor vehicle and two insurance points are assessed.

A person is guilty of this offense if he or she fails to give the right of way to a pedestrian in a marked crosswalk or within an unmarked crosswalk at an intersection in Metuchen, New Jersey, for example.

Any driver who passes a vehicle stopped to permit a pedestrian to cross the roadway is also guilty of this offense.

However, any pedestrian who crosses at any point other than a marked crosswalk at an intersection must yield to all vehicles upon the roadway.

It is also an offense to fail to give the right of way to any pedestrian caught in a marked or unmarked crosswalk when the signal changes.

Finally, it is a violation to drive through a safety zone unless directed to do so by a police officer.


A good alternative plea is pleading guilty to obstructing traffic N.J.S.A 39:4-67.

If the prosecutor does not grant that request then unsafe driving N.J.S.A 39:4-97.2 should be considered, although it should be noted that unsafe driving carries an approximate fine of $400.

Additionally, four points are assessed on one's driving record for a third unsafe driving conviction within five years of a second unsafe driving conviction.

Did You Know

N.J.S.A 39:4-36 allows people who are not inside a car to be charged with a motor vehicle offense, and upon conviction to be assessed motor vehicle points in non driving situations.

Any pedestrian who walks into the path of a vehicle which is so close that it is impossible for the driver to yield may be convicted of N.J.S.A 39:4-36.

This person will then be subject to motor vehicle points although he or she was not operating a vehicle.

If you have any other questions about yielding to pedestrians, click here to contact a NJ Traffic Attorney.