Did you know that the Move Over Law in NY requires motorists to move over when they see an emergency or hazard vehicle on the side of the road? Many drivers are unaware of this law, and this makes them vulnerable to getting an expensive ticket.
If you have been cited for a violation of the move over law NY attorneys want you to know that it may be possible to fight the charges. Don't just plead guilty. Ask a qualified legal advocate if there is a chance that you could have these charges reduced or dropped.
What Defense to Use Against The Move Over Law
New York's court system regards violations of the move over law with the utmost seriousness. This means that overcoming or reducing these charges is a complicated proposition.
Fortunately, a skilled traffic ticket attorney understands the intricacies of this law and is familiar with some effective defense strategies.
It is not advisable for drivers to try to make these arguments without a legal professional. Doing so may only get you into deeper trouble and ensure that you pay the maximum fines and penalties for this and any other infractions with which you are charged.
When it comes to defending against violations of the move over law, many attorneys will cite NY VTL 1128. This law essentially makes it illegal for a driver to change lanes or move over unless it is safe to do so.
The wording of this law is critical to its success as a defense against move over law tickets. This is because the law puts the burden of determining whether or not it's safe to change lanes on the driver. Instead of establishing an objective standard for safely changing lanes, the motorist is given the power of deciding what is safe and what is not. Accordingly, an officer observing the situation from a different perspective is not in a good position to determine whether or not changing lanes was prudent and reasonable.
Because only the driver can determine how safe moving over might be, it is possible for a skilled and knowledgeable attorney to prepare a credible and effective defense based on this law.
Additionally, the lawyer may cite the same law to argue that the motorist did not have sufficient time to move over. In this circumstance, it would be helpful for the attorney to be able to point out that the driver considerably slowed their speed when they realized that they did not have time to change lanes.
Attorneys also like to cite NY VTL 1110 when defending clients against violations of the move over law. This law stipulates every driver's responsibility to obey traffic control devices at all times. Accordingly, if the motorist would have been forced to cross a double yellow line to move over, then they would be guilty of violating NY VTL 1110. This could result in the driver being cited for at least two violations, one of which occurred because the motorist was trying to comply with another law.
Arguing any of these defenses before a judge and the prosecutor requires significant finesse and legal knowledge. It is not recommended that ordinary citizens try to make the sometimes minute distinctions on their own. Instead, it is wise to enlist the help of a seasoned legal professional who has defended dozens of similar cases.
The Move Over Law: Additional Details
Some drivers mistakenly believe that moving to a lane that is adjacent to an emergency or hazard vehicle that is using its flashing lights is sufficient. However, the law actually states that drivers move over one full lane. This means that traveling in an adjacent lane generally is unacceptable.
It is worth noting that many drivers who receive a citation for violating the move over law also are cited for other offenses. These sometimes include:
Speeding - which can add between three and 11 points to your record;
Failure to Yield Right of Way - which means an additional three points;
Unsafe or Improper Lane change - which also is worth three points; and
Reckless driving - which will add five points to your driving record.
If you are convicted of violating the move over law in addition to one of the above infractions, then this could be incredibly bad news. Not only will you be faced with additional fines but also you may be required to pay the Driver Responsibility Assessment and you may see your insurance rates skyrocket.
Can you afford to pay all of those penalties? If not, then it only makes sense to contact a skilled and experienced NY traffic ticket lawyer who can assess your case and tell you whether or not it may be possible to have the charges against you reduced or dropped.
Hire a Traffic Ticket Attorney
When drivers receive a ticket for violating the move over law, it's easy for them to feel like there's no way out. They figure that they didn't change lanes, and that means that a conviction is certain.
However, experienced attorneys may be able to present you with common-sense alternatives. It frequently is possible to have citations for the move over law reduced to a non-moving violation that involves smaller fines and fewer or no points. In some cases, it even may be possible to have the charges dropped if other circumstances come to light.
Meeting with an attorney is quick and easy. All you have to do is outline the situation, and the lawyer can get started working on your case. Once hired, your attorney may appear in court on your behalf and negotiate with the prosecutor for you.
Relieve your stress and learn about your options by requesting a consultation with a traffic ticket attorney. Doing so also may save you time and money.