As we reported in “New York Move Over Law Takes Effect” at the beginning of the year, New York’s “move over” law went into effect on January 1, 2011.
The move over law requires motorists on multi-lane highways to slow down and “move over” (when safe to do so) giving safe clearance as one approaches stopped emergency vehicles with red flashing lights. If you do not slow down and change lanes when approaching such vehicle, you can be issued a moving violation which carries 3 points and up to a $150 fine. On single lane roads, motorists must slow down and use caution.
It is now being reported by many clients that police are using this new law to trap motorists. Specifically, they park a police car on the side of the road with lights on (and sometimes without) and wait for motorists to fail to move over. Despite there being no emergency, motorists are then pulled over and issued a “move over” ticket, a 3-point violation.
This law was specifically enacted to protect law enforcement officers who have been killed or injured while responding to roadside emergencies. It is therefore disconcerting that police officers would create fake emergencies to ensnare motorists.
Because this is a new law, this particular trap has been very effective catching many motorists in “violation” of the law. If you are such a victim, we recommend pleading not guilty and fighting your move over ticket.
Note: The Move Over Law was amended effective January 1, 2012. To read about the expanded law, read New York Move Over Law Amended.
Related articles
- How Long Should A Traffic Light Remain In The Yellow Phase? (nytrafficticket.com)
I was recently pulled over under this law and plan to contest this. Do you have bullet points on what the defense should be and how to construct it. In my situation, there were two police cars on the shoulder of the road, no emergency but with their lights on. Policemen were sitting inside their car with no other cars near them.
Rose,
If the police officers had lights illuminated, then the law required you to “move over”. Based on this information, the only defense specific to this offense is that you could not move over due to traffic conditions.
I hope this helps. Good luck.
Matthew Weiss
The thing is that I had absolutely no idea that there was such a law. When I saw the police cars off to the side, I was completely baffled as to what they were doing. Had there been an ambulance or some other obvious emergency vehicle, I would have probably moved out of the way out of common sense. If this was meant to be educational, a warning apprising me of the law’s existence would have been more than sufficient. I don’t watch TV news – I use the Internet for my news and I saw no sign about the law until I was almost to White Plains airport where I missed my flight and had to pay a $150 change fee.
Like many others I was unaware this law existed. I was one of dozens nailed in a trap on Rt 17 near Deposit NY. Weather clear, traffic light. I was in right lane. Trooper on right shoulder, lights on, probably ticketing someone else in same trap. I frankly had no idea why he pulled me over. I live in CT and probably would/could not drive six hours round trip to fight this in court (especially since I’d probably lose). I realize negligence is not a defense, but do you think there is any benefit to me returning the ticket as “not guilty?” I’m more worried about the points than the fine. I have since researched this and discovered 49 states have this law and CT has had it since 2009. I’m not aware of any traps in CT or any tickets as a result. I feel if NY wants to spread the word about this little-known law, the proper way to do it is give a written warning (I now know the law)–then for a second offense, give heavy fines. They are using this as a cash-cow for easy income. Is there a way to fight this without appearing in court? Meanwhile, I’ll never drive in the right lane in NY again.
Whoknew?
if you are convicted, NY points will NOT transfer onto your CT license. A conviction will, however, be reported to the CT DMV. If you have a clean record in CT, a conviction to a NY move over law violation should not affect you. You should check with your CT insurance company about whether it will affect your insurance rates.
If you can’t appear in court, then you can engage a NY traffic lawyer to appear for you. Feel free to call us for a consultation.
Matthew Weiss
212-683-7373
Hey peeps,
Think about how these accidents are happening, how to get rid of this?? The answer is simple try to obey the LAW in order to get rid of this problem and to make accident free nation.
Any Comments!!!
I think that some public education would be helpful , that way people would be aware of the Law. Also, a drunk driver or a driver that is inattentive will crash no matter what…heck isn’t it against the law to drive intoxicated??? I really don’t think that those type of people will really concern themselves with this law.
Maria,
There has been some public service announcements but more, I agree, more can be done. That’s why I’ve written multiple posts on this topic. Hopefully, the word will continue to get out.
Matthew Weiss
I was driving to work this morning in Hopewell junction, NY and a police officer was pulling over another vehicle on the shoulder and he had his emergence lights on, this was on a high way less than a mile before my exit, I was in the right lane preparing to exit when he stopped me telling me I violated the “move over” law, it was the first time I actually heard about this law.
I told the officer there was a car next to me in the left lane and I usually move to the left lane, but there was a car .
He told me to say this in the court. I actually didnt know about the law and I was taking the exit so I wouldnt have taken the left lane anyway.
It was definitely a trap !!
what penalty am I looking for here? in terms of points and payments. will this reflect to my insurance premium?
Mohamed,
A “move over” law violation carries 3 points and roughly a $200 fine. If you have an otherwise clean driving record within the last 36 months, then this ticket will not affect your auto insurance rates.
Matthew Weiss
I was driving to work this morning in Hopewell junction, NY and a police officer was pulling over another vehicle on the shoulder and he had his emergence lights on, this was on a high way less than a mile before my exit, I was in the right lane preparing to exit when he stopped me telling me I violated the “move over” law, it was the first time I actually heard about this law.
I told the officer there was a car next to me in the left lane and I usually move to the left lane, but there was a car .
He told me to say this in the court. I actually didnt know about the law and I was taking the exit so I wouldnt have taken the left lane anyway.
It was definitely a trap !!
what penalty am I looking for here? in terms of points and payments. will this reflect to my insurance premium?
I was pulled over a couple of weeks ago. I live in Illinois and was in NY on business. I noticed the police car, there was another one with someone pulled over about a half-mile back as well. I was in the left lane for the first and had just moved back into the right lane when I saw the next. The officer was on the right side of the vehicle so I didn’t move over. Do I have any case here or should I just pay the fine?
My Illinois driving record has been clean for 5+ years and really don’t want to see any premiums go up. We have a supervision option in Illinois that allows you to pay the fine, but nothing goes against your driving record if you do not get a ticket within 6 months. Is there anything in NY that is similar?
Mike,
Three moving violation convictions within one year results in a suspension of an Illinois license (if over 21 years old – if under 21 then 2 convictions within two years can result in a suspension). A New York moving violation conviction counts towards the three (i.e., it transfers).
New York does not have a “supervision option” (or anything similar). We therefore recommend that you fight your NY move over law ticket.
Matthew Weiss
I am fine with the move over law to a POINT. Driving on a busy two-lane highway we were in the left lane and there were 3 cars that felt they had to pass us on the right. They, then, saw a cop stopped on the right shoulder with his lights on, and they almost hit us when they quickly moved into my lane. Everyone kept going like nothing happened. We feel the law should be amended for this reason. We want to protect the police and emergency personnel but what about innocent drivers following the law? So annoyed right now thanks for letting me vent =)
We were driving east bound towards Syracuse today. We were JUST past the End of Construction sign and were in the process of increasing our speed to 65 when we passed 2 trooper cars on the right shoulder. They did have their red lights on, and I really believe they were driving down the shoulder, not stopped. Traffic was busy, and I did not feel comfortable endangering my children by moving into the right lane and cutting off the SUV that was barreling towards us. I was one of 3 vehicles pulled over at one time. The trooper was very friendly and explained the law. On paper the law makes great sense. The trooper actually told me that I should fight the ticket and it would be reduced to a non moving violation… as about 25 cars wizzed past us in the right lane. I am sure I will be fined in the end. I do agree that this law needs to be amended.
Alex,
You should plead not guilty, and try and get this ticket reduced. In my experience you have a very good chance to end up with a 0-poiint ticket.
Matthew Weiss
I was traveling on RT 219 from PA to NY and was going through Limestone, NY at 40mph. I passed two police cars with their lights on and there was a car pulled over they were giving a ticket to and I just thought that maybe they had caught a criminal with all the police cars. I was going to pull to the left but there was a vehicle to the left of me and the next thing I know, the police officer was pulling me over. I had no idea what for. I had heard of this law in Ohio but I thought it was for emergency vehicles such as ambulances. At any rate, a warning would have been the right thing to do. As it was I was going only 40 mph because I had heard you cannot speed in this town. I plan to appeal this even though it will mean a 4 hour drive for me to get there. After reading about others getting caught in this, I am really upset that they are using this to add money to the city coffers. There was no emergency!
Terry,
I understand your frustration. This law was not intended to be used for artificial emergencies.
Good luck fighting it.
Matthew Weiss
I also got a ticket for this law in Limestone NY. I’ve pleaded not guilty and now I have to go back because the officer was not there on my court date. When I got the ticket there was a police car behind a car pulled to the side of the road. The police car had blue lights flashing and my understanding was that you only had to go to the other lane if the lights were red. I did slow down to 30 mph or slower and pulled part way into the other lane. I have a compact car and the officer was at least 3 feet from the road so I do not feel I put him in any danger. Did I do the right thing by pleading not guilty, and how will the points transfer to PA if I get some. I may be getting my CDL license before my trial.
Thank You,
Moved Over And Mad,
You correctly pled not guilty. At your court date, you likely can negotiate a better outcome.
Points from NY do NOT transfer to PA.
Matthew Weiss
I am the wife of a volunteer firefighter. I have family and friends that are police officers.
There were announcements on television news, tv commercials, newspaper articles and signs on highways warning drivers of the new law in NY. Many other states have this law.
There is no excuse for anyone to not know of this law. It is the LEGAL RESPONSIBILITY of drivers to know and understand all traffic laws.
Next time you drive by ANY emergency personell please remember that they have spouses, parents, siblings, and children who want them to come home ALIVE!
Also, for those of you who chose not to keep up with the new laws, NY is working on amending the law to include moving over for tow trucks. So, regardless of the color of the flashing lights, do us all a favor and just move over. If moving over is not an option SLOW DOWN!
Ignorance Is Not An Excuse,
Good advice. Certainly, the “move over” serves a very important purpose.
Matthew Weiss
Another bit of advice, the Law specifies to move over for emergency vehicles” NOT emergency situations. I understand that the methods of enforcing this law may Seem like entrapment. However, if a police officer has a vehicle pulled over, that officer Cannot enforce this law by pulling over the drivers who break this law. Having multiple police units in close proximity to each other is the ONLY way this law can be enforced.
When I was growing up police would pull over drivers in a safe area. Now they just stop as soon as possible and wonder why they are getting hit? We have to suffer because modern police are not as smart as previous generations.
Sherlock Holmes,
I have to respectfully disagree. In my experience, police officers often wait until a motorist reaches a safe place before pulling him or her over. Some times, however, police officers need to stop in dangerous places such as when a car is disabled or an accident occurs. Obviously, these locations can be quite dangerous.
Matthew Weiss
Can’t believe how a law that was instituted to prevent accidents is possibly creating accidents by pushing this law down our throats. Got my first ticket this morning in 3-lane highway where the traffic was so heavy in the lane next to me that I couldn’t move into it right at that moment. But then when I finally could, I did, & a police car came up behind me right after I went into the next lane & targeted me. I didn’t even know why he was stopping me … that’s how sure I was I did nothing wrong. Then as I’m sitting there waiting for this “erroneous” ticket, I saw 3 other people get stopped in that time frame…noticing what an entrapment and “money maker” the police had going as there were 6 police cars in this 400/ft range of highway. While the 1 was giving a car a ticket, the other police car pulled up in front of that one waiting for their next “victim”. They did this all the way down the highway. How do you respect such a law as this when the police dept is using it to trap people just for money. Why so many officers for this one area? They should be using these officers to go after the real safety hazard…texting while driving! Let’s use our tax dollars we pay these officers to get real offenders instead of going after easy prey where we have no proof other than their word against ours…what easy money. I guess our taxes aren’t enough!!
Money Maker,
I hope you’ll be fighting this ticket.
Good luck beating it.
Matthew Weiss
I recieved a trafic ticket for violating the move over law. The facts are; I did move over and I did slow down. The Trooper was outside his cruiser assisting or ticketing another vehicle and when he pulled me over on Route 86 near Randolph NY he claimed I was traveling 72 miles per hour. I live in Pa about 4 hours from the location. I am not sure how he could hae usd the radar to measure mph when he was outside the cruiser. Any suggestions?
Bigdog,
Points from a NY move over ticket will not transfer to PA. You will be given, however, 3 points on your New York record. If you drive a lot in New York, this could affect you. Further, a NY conviction will be reported to PA so you insurance company can learn about it and possibly use it to raise your raise. Therefore, we recommend that you fight this ticket at the Randolph traffic court especially if you have any other blemishes on your driving record.
Matthew Weiss
Thanks….is it even worth fighting? Sure I did not move over…bad me….but I had no idea…..Thanks again…..
Ernie,
This ticket carries 3 New York points plus about a $200 fine. If you have an otherwise clean record (not other tickets or accidents) and you don’t get a lot of tickets, then you can just pay it. If you are concerned about keeping your record clean and possible future tickets, then we recommend fighting it.
Matthew Weiss
UPDATE…so I mailed in the ticked to the court just a few days after getting the ticket…got the ticket around Dec 15th. I sent it return receipt and received the receipt back already….There was no fine on the ticket..If pleading by mail just send it to them and I assume they will send back my fine to pay…As of today…Jan 28…they still have not sent me anything…should I be worried?? I reread the ticket(I made a copy) and there is nowhere on it where it says the amount…Just plead guilty by mail and send it to the court…..
Ernie,
At this point, I recommend that you call the court and confirm that it received your ticket.
In regard to the amount of the fine, in New York, the judge will impose a fine based on a few variables including the nature of the charge and your record.
Matthew Weiss
Ok thanks Matt…will call Monday…
How would this new law have prevented the tragic loss of officer Ambroase’s life since his police cruiser was rear-ended by an intoxicated driver? Are we naive enough to believe that this drunk driver would have had the cognition to move into a passing lane? And even had he/she attempted that, he might have caused a more devastating collision with a passing car?
With respect to another comment on this site, it’s obvious that two police cars (lights flashing) parked one behind the other on the shoulder with officers inside and not outside their respective vehicles–and not having pulled any cars over, e.g. for speeding, do not have have an emergency on their hands and rather are there for the sole purpose of entrapment under this new and not widely publicized law.
No wonder so many law abiding citizens disrespect the police!
Jerry,
Thanks for posting your comments. The law may not help emergency responders from an intoxicated driver but it should help in other instances.
I do agree that it should not be used to trap motorists, however. Indeed, a wrote a post entitled “NY Move Over Law Being Used To Trap Motorists” on this very subject.
Matthew Weiss
I was driving in the right-hand lane on Wantagh Parkway on Long Island this morning doing 55MPH [the speed limit] when I saw a police vehicle giving a ticket to another driver. They were both pulled off the road onto the grass area at least 30 feet from the highway. I slowed down to 45 MPH but stayed in the right lane because they were both far away from traffic. My exit was less than 1/2 mile away. The next thing I saw was flashing red lights behind me. I was shocked but I pulled off the road onto the grass area. I was notified by the police officer that I broke the “move-over law”. I told him that I had slowed down because I was exiting very soon. Meanwhile about 50 more cars had passed us in the right-hand lane without being stopped. Yes, they were breaking the law also! He gave me a ticket for parking on a parkway instead of the moving violation. It’s still going to cost me some money.
It’s a good law but it shouldn’t be one to fill the coffers at the expense of good drivers.
Charles,
Unfortunately, you got caught. Police officers cannot stop everyone (although I am not saying you committed a move over violation or not).
You got luck with the parking on the parkway ticket. This carries 0 points so I would just pay it (unless you want to risk having the ticket amended back to the original charge and/or losing at trial).
Matthew Weiss
Thanks for the reply. I guess that I’ll just pay the fine and chalk it up. What do I do is this happens? Most parkways on LI have exit lanes for the next exit. What do I do if a cop is at the end of the exit lane with his lights flashing after he pulled someone over? Now he is near or just off the exit lane to my exit. Am I supposed to pull back on to the parkway [seriously dangerous] and go to the next exit or what? As I said before, this law is good in theory but the application of the law was NOT thought out properly.
Now I find myself driving in the middle lane of a three-lane highway whereas before I usually drove in the right lane. And on two-lane highways, I find myself having to drive only in the left lane to protect myself from getting a ticket again. What about road rage from other drivers? See! It wasn’t thought out properly.
Charles,
You raise interesting questions. The law is still so new that very few judges have had a chance to interpret its parameters.
My advice is that whenever you see any flashing lights on the highway, slow down immediately and significantly. If possible, move over as soon as possible.
Matthew Weiss
I was stopped on 03/13/2012 by a trooper in Corning NY for not moving over for a DOT vehicle and i live in Dallas TX . I cannot even remember that a DOT vehicle was behind me. I kept asking the officer for my offence and Iexpected him to give me a warning. I just mailed the ticket back today with no guilty plea. I spoke to the court clerk in Corning and she informed me that the court will communicate with me. What should I be expecting after reading all the threads on 3 point etc. Please advice me Mathew
Ola,
You will be sent a letter scheduling a court date. On that date you will get a chance to speak with the prosecutor and negotiate a reduction to a lesser charge.
Good luck!
Matthew Weiss
How do the police get a way with setting traps for this move over law. Especially in Newburg NY
Jayne,
It’s difficult to prove that an artificial “trap” was created. I guess numerous legitimate complaints will help end this unfair practice.
Matthew Weiss
I am a Canadian citizen and was totally unfamiliar with this law until last night while driving north to Montreal on I-87 after the long Easter week-end. I can testify that at least half a dozen other Canadian drivers were also made aware of that A-ct and given tickets under the same circumstances. It appeared quite clear to me that there was absolutely no reason for the 2 police cars to stand on the right shoulder of the highway other than to make us aware, the hard way, of the existence of that Act.
I drove in other States where the existence of that law was clearly mentioned on big graphic road panel signs when entering the State.
If the reason of this Act is to save lives, I wonder why the State of NY is so timid in making it known to fellow Canadian and other drivers.
Obviously, during the time it took for the ticket to be given to me, at least a dozen cars passed me by on tge right lane, ignoring the move over law in a total and general indifference.
Papasof,
You are preaching to the choir. This unfair practice is why Inwrote this post. Because points from NY transfer to Quebec as demerit points, we recommend that you fight this ticket. Feel free to call us if you prefer to not have to appear in court. We can appear instead.
Matthew Weiss
213-683-7373
I received a 1110A ticket today, here is supposedly why: I was driving down Route 5 in Brant NY which as anyone here knows is a speed trap mecca. I saw two police cars on both sides of the four lane road with cars pulled over. So I went into the left lane and slowed down like you are suppose to. I went and filled my truck with gas and had to go down the same road. This time I just seen the police cars on both sides again-both blocking the right hand lanes on both sides, so you couldn’t not go into the left lane. Also the police officers were in the middle of the road standing there directing traffic, for no reason that I could see. I was confused. I didn’t want to hit the officers but I had to go into the left lane anyways, so I did and slowed down when the one officer motioned me to. As I go by the start yelling for me to pull over. I was not sure at first if they were talking to me or not, I moved into the right lane after passing the police car and stopped when I figured out that they were indeed talking to me. I even backed up so they knew I was not going anyway. The officer said that I was in violation the of the pull over law and gave me the ticket. I also have a restricted license that can be revoked if I am to have any moving violations. Any ideas??? I plan on fighting this. I don’t feel I did anything on purpose.
Bluesky,
I agree that you should fight it (i.e., plead not guilty). You need to resolve this in a way that doesn’t impair your restricted license. Check the terms of that license before accepting any plea bargain.
Matthew Weiss