In other words, this is not an objective standard that can be evaluated by the officer looking at what an objectively reasonable and prudent person would have done.
#Move over law driver
Remember, the wording of the unsafe lane change law (VTL 1128) reveals that the burden is on the driver to determine whether it would be safe to change lanes or not. Consequently, a driver’s first line of defense against a move over law ticket is to cite NY VTL 1128, which expresses this idea, and to explain how and why moving over would have been unsafe. There are a few potential defenses that a skilled attorney can use to help a driver get out of a Move Over Law ticket.įirst, New York law prohibits a driver from moving over or changing lanes unless he or she first finds it safe to do so. Common Defenses to the Move Over Law, VTL 1144-a(a) More importantly, judges handling these cases are stricter for the same reason.
As such, police aggressively ticket those who violate it. Notice: New York’s Move Over Law was enacted to protect police and other emergency workers. For operators of motor vehicles on parkways or controlled access highways, such due care shall include, but not be limited to, moving from a lane which contains or is immediately adjacent to the shoulder where such authorized emergency vehicle displaying one or more red, blue or white or any combination of red and white lights or blue or combination blue and red or combination blue, red and white lights pursuant to the provisions of paragraph two or subparagraph b of paragraph four, as applicable of subdivision forty-one of section three hundred seventy-five of this chapter is parked, stopped or standing to another lane, provided that such movement otherwise complies with the requirements of this chapter including, but not limited to, the provisions of sections eleven hundred ten of this title and eleven hundred twenty-eight of this title. New York Vehicle and Traffic Law (VTL) 1144-a (a).Įvery operator of a motor vehicle shall exercise due care to avoid colliding with an authorized emergency vehicle which is parked, stopped or standing on the shoulder or any portion of such highway and such authorized emergency vehicle is displaying one or more red or combination red and white lights pursuant to the provisions of paragraph two of subdivision forty-one of section three hundred seventy-five of this chapter or is displaying one or more blue, combination blue and red or combination blue, red and white lights pursuant to the provisions of subparagraph b of paragraph four of subdivision forty-one of section three hundred seventy-five of this chapter. Studies have shown that a conviction for a moving violation can result in a hike in rates of up to 20%, sometimes more. Each additional point adds another $75.Īuto insurance increase: New York’s Move Over Law is a moving violation and can have an impact on one’s insurance premiums. A DRA costs $300 for the first six points. This is separate from the fine and is paid directly to the DMV.
#Move over law drivers
Surcharges: Like most moving violations in New York, drivers are obligated to pay a state surcharge of $88 or $93 upon conviction for New York’s Move Over Law.ĭriver Responsibility Assessment (DRA) fee: Receiving 6 points within 18 months requires drivers to pay an additional fine called the Driver Responsibility Assessment (DRA).
Points: New York’s Move Over Law is a 2-point offense.
A third offense within 18 months means a fine of up to $450. A second offense within 18 months of the first means a fine of up to $300. What Are the Penalties for New York’s Move Over Law?įines: A conviction for violating VTL 1144-a(a), New York’s Move Over Law, can result in a fine of up to $150 for a first offense.
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