It is hard to keep track of the many rules of the road. Speed limits, pedestrians, school zones, work zones, move-over law, electronic device tickets, and traffic lights to name a few. As a responsible driver, you try to keep up with them as much as possible.
This can be the case when you receive a Failure To Obey A Traffic Control Device under Vehicle And Traffic Law Section 1110a. The ticket will surely have information regarding the violation, but what is a traffic device and what restrictions does it put in place?
Did you get a traffic ticket in New York for failing to obey a traffic control device?
So, what, exactly, do New York statutes say about traffic control devices, and what are the procedures to follow when you get cited for such a violation?
What are Considered as Traffic Control Devices in New York
Section 153 of the New York Vehicle and Traffic Laws defines traffic control devices as all signs, markings, and signals put in place by a public official or entity with authority to regulate traffic. This includes:
- Traffic lights
- Stop signs
- Yield signs
- Anything else put in place to warn drivers (e.g., construction cones, pavement markings (aka Zebra stripes), shoulders.
In order for a person to be held liable for failing to obey one of these devices, the device must be clearly visible by an ordinarily observant person and sufficiently legible (if writing is involved).
If you receive a 1110a moving violation, the traffic ticket is required by law to inform you of how you can contest it including entering a plea, where to send your answer, and the deadline to do so. If you fail to respond within that deadline, you can be suspended and ultimately be found guilty by default.
We often recommend fighting these types of tickets to try and avoid the 2-points associated with a conviction as well a fine and surcharge. Further, pleading not guilty is the only way to possibly obtain a more favorable outcome.
Exceptions to Obeying Traffic Control Devices
Every driver on New York roadways is required to comply with directions of traffic control devices, except in cases of emergency or if otherwise instructed by a law enforcement officer who is directing traffic.
Penalties in New York for Failing to Obey a Traffic Control Device
A 1110a ticket carries 2 points, a fine, and a surcharge. The fine amount will fall within a legally-set range. The judge in his or her discretion sets the fine based on various factors including your driving record and the dangerousness of the offense.
A New York Traffic Ticket Attorney Can Help
At Weiss & Associates, PC we provide the best representation you could receive. We offer an initial free consultation, flat fees, and experienced traffic lawyers who will show up on your behalf, so you do not have to waste time in court trying to clean up this mess.