KRS 189.393: Failure to Yield Right of Way in Kentucky

What Is KRS 189.393?

KRS 189.393 establishes Kentucky’s right-of-way rules at intersections, when entering roadways, and in other traffic situations. Failure to yield is one of the most common traffic citations in Lexington, Louisville, and across Kentucky — and one of the most common causes of accidents.

Common Failure-to-Yield Situations

Failing to yield at a stop sign
Failing to yield when turning left at intersections
Failing to yield to oncoming traffic
Failing to yield when entering a highway
Failing to yield to pedestrians at crosswalks
Failing to yield to emergency vehicles

Penalties Under KRS 189.393

Fines: Vary by specific violation
Points: 3 points typical for moving violations
Insurance increases

When It Becomes Worse

Failure to yield charges become much more serious when:

An accident occurs as a result
Injuries result from the failure
Death results (potentially manslaughter charges)
Combined with DUI

Defenses Available

You actually had the right of way
Other driver’s negligence was the actual cause
Sign or signal was obscured
Emergency conditions justified the action
Negotiating to non-moving violations

Understanding Criminal Charges Under Kentucky Law

Every criminal charge in Kentucky has specific elements the prosecution must prove beyond a reasonable doubt. This is the highest standard of proof in the legal system — it means the evidence must be so compelling that no reasonable person could doubt the defendant’s guilt. If the prosecution fails to prove even one element, the charge should be dismissed or result in an acquittal. Understanding exactly what the Commonwealth must prove — and where the weaknesses in their case are — is the foundation of effective criminal defense.

How a Criminal Case Moves Through Kentucky Courts

Arrest and arraignment: You’re informed of the charges, advised of your rights, and bail is set. This happens within 24-48 hours of arrest. Having an attorney at arraignment can influence bail conditions.

Preliminary hearing (felonies): Within 10 days of arraignment, the prosecution must show probable cause. This is the defense’s first opportunity to challenge the evidence and cross-examine witnesses.

Grand jury indictment: For felonies, a grand jury must indict. The defense can present evidence and witnesses to the grand jury in some circumstances.

Discovery and motions: The defense reviews all evidence, files motions to suppress illegally obtained evidence, and prepares for trial or negotiates a resolution.

Trial or plea: Cases resolve through dismissal, plea negotiation, or trial. Over 90% of criminal cases in Kentucky are resolved through negotiation — making your attorney’s relationships with prosecutors and knowledge of local court practices critically important.

What’s at Stake Beyond the Criminal Penalties

A criminal conviction in Kentucky affects far more than your freedom. It impacts employment, housing, education, professional licensing, gun rights, voting rights, and family relationships. For non-citizens, even misdemeanor convictions can trigger deportation. Clark + Harris fights to protect the full scope of your life — not just the criminal case. Flat fees. Payment plans available. Call 859-474-0001.

Don’t Let Points Add Up

Call Clark + Harris at 859-474-0001 — 24/7. Lexington, Louisville, all of Kentucky.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

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