Effective Jan. 1, 2012, Vehicle and Traffic Law 1144-a, New York’s “move over” law — which already governs police cars and ambulances — will require motorists to move over (or at the very least slow down) when approaching tow trucks, snow plows and other vehicles performing road maintenance, construction or repair. Specifically, the law will require motorists to move over whenever approaching a vehicle on the shoulder or in a lane of travel that is displaying red, white, blue and/or amber lights. Under the old law, a “move over” was required only for vehicles displaying red and/or white lights (i.e., police cars and ambulances).
In 2011, state troopers issued roughly 16,000 citations for the NY Move Over Law in its current form. With its expansion, we can expect the issuance of even more “move over” law tickets.
The New York State DOT has 100 work zones set up across the state each day. Last year, there were 100 accidents or intrusions involving drivers in those work zones. We expect that these areas will become “move over” enforcement zones (i.e., that police officers will be patrolling work zones looking for motorists who fail to move over). Keep in mind that speeding in a work zone already is more serious than regularly speeding with doubled fines, a suspension for two convictions to speeding in a work zone and courts less lenient in plea bargaining these types of speeds.
Five DOT workers lost their lives in highway accidents through the years and, last November, a tow truck operator was struck and killed near Syracuse while tending to a disabled vehicle on the New York State Thruway. The expanded move over law is aimed to reduce these types of accidents.
The $275 fine and 3 points under the expanded “move over” law statute remains the same.
234 Comments. Leave new
Hello –
What a terrific blog site! I had no idea this even existed, but am thrilled it does. I just learned so much reading the posts. And I feel for the Candians, we live on the border and cross all the time.
Yesterday my father got a 1144-AA ticket. First, I cannot find that ticket type on the DMV site, but I did find 1144-A.
This happened just after the toll gates, going Eastbound from Buffalo to Albany. According to the ticket, mile 418. At 9:45 am, as the lanes were merging into two, there was a police car pulling someone over. My father slowed down and moved over, but was unable to get fully into the left lane due to other cars, safty etc.
A few miles later he was pulled over and the cop said “I’m lucky I’m not a dead daddy”. And then when I guess he did not get the reaction expected, he repeated it again louder. My parents are retired, but they did not react because they did not hear him, they were simply stunned by the comment the first time and rendered more or less speachless (which frankly is something I don’t think I have ever seen my father be). From the way the describe it, the oficer was actually quite rude and abrupt, but I guess thats not against the law.
So after that, he gave my father the ticket. I do plan to help them fight this, more about the points than anything else, my father just recently (April 2013) took the “safe drivers course”, and has not had any recent incidents. Some years ago he was ticketed for not fully stopping at a stop sign, but I believe this was over 5 years, and perhas 10. I did pull his Driving Record Abstract, which I think would show points if there were any, correct? It did not show anything other than the recent course he took.
My question is really this – I know from reading your responses we should fight this. But can I do the talking? (I’m not an attorney). Or would he have to do the talking? I ask as, if he has to do the talking, he is so dismissive and thinks this is really not valid, and that the cop was more or less just pulling people over to make a quota (they saw a whole bunch of people pulled over after they passed the first one), that it will come through to the DA and Judge, and then they will really hit hard. I’d prefer to do the talking myself, but am not sure if its allowed.
If I have to hire a traffic attorney, do you have people you recommend in the Buffalo/Cheektowaga area?
Thank you so much!
Maria,
Thanks for your kind remarks. Some courts will allow a family member to appear for (or with) the defendant. Most will not, however. If he is polite and respectful, he likely can negotiate this down to a more favorable result. If you feel that he should have someone appear for him, then he should hire a traffic lawyer who can appear for him. Our law firm will fight any traffic ticket issued anywhere in New York State. We regularly appear in the Buffalo/Cheektowaga area. Feel free to call or email us to discuss.
Matthew Weiss
mweiss@888redlight.com
212-683-7373
Hi Mathew,
Thanks for a very informative blog.
I followed your advise and pleaded not guilty for move over law violation.
Town Attorney gave me a deal with zero point ticket and $150 fine and i took it.
Judge gave me a month’s time to pay on my request.
thanks again for your advise.
Naga.
Naga,
I’m so glad that the advice was helpful for you, and thank you for sharing the nice result.
Matthew Weiss
I read a number of the folks you have been sighted under the move over law. There appears to be a common thread in the response from your firm. Is even if you are not guilty the State of New York assumes you are a “Jerk” and we will get money from you for some reason. The police in this state are assumed to be more reliable then the citizen of NYS but should be considered by the courts as a revenue generator for the state. . The remarks remind me when I was ticked for using a cell phone in a local town. Even cell phone records were not good enough as evidence and a letter from my employer stating I did not have company issued phone.
I am beginning to understand why so many Russians own dashboard cameras.
Andrew deLivron.
Thanks for your feedback. Often practical considerations prevail over “right and wrong”. This pragmatic approach certainly allows municipalities to feed their coffers.
Matthew Weiss
Matthew Weiss, you are very cool, and I love it that you never lie. Thanks for having this website. Yes, the rest of us are appalled at the way this new law is being mis-used– not to protect police officers and workers, but to fill some local coffers. Your steady voice is a help.
Liz Rosenberg,
Thanks for your kind words. I really appreciate it.
Incidentally, I wrote about how this law is being used to trap motorists two years ago in a post entitled “NY Move Over Law Being Used To Trap Motorists“. Sadly, not much has changed since then.
Matthew Weiss
Also received a ticket for 1144AA on April1 2013. The trooper advised I mail in a guilty plea but from what you are stating that is not the right thing to do!
I live in Toronto Canada so my question is if I plead not guilty and have a lawyer do I have to show up for court? What is the cost of a lawyer for this court time? How do I contact a lawyer?
Gillian,
If you hire a NY traffic lawyer, you will NOT have to appear in court. Lawyers cost roughly between $400 and $600. We’re happy to help you. We’re familiar with the Ontario demerit system and will try to avoid any Ontario demerit points for this ticket.
Matthew Weiss
212-683-7373
I am from Ontario Canada. I was exiting off and drove past three police cars that had stopped another vehicle. No one was out of their vehicles. Soon after I passed, the second car came behind me and stopped me. Since I was driving below the speed limit I asked him what the charge was. He said he will explain and asked that I move further inside and that he will follow. He asked me for my registration and drivers license. I was told he will check if my driver’s license to see if it was in order and went to his car. After much time he came back and gave my registration and license and then very sheepishly gave me a paper. He said it was a ticket and that I should plead guilty and send it to the court house or go in person. I told him I was not aware. He also told me that he had seen many cars pass me on the same lane while he was in the car but he had to give me this ticket. I told him that it was not possible to safely move to the other lane as there was other vehicles on that lane .Since I did not know of this law to I asked him to give me a warning, but he said that his ticket stands and when I send this paper completed that the court will advise me how much to pay.
Kindly advice.
Haren,
Because points from New York transfer to Ontario, we recommend that you fight this 3-point “move over” ticket. If you do, you likely can negotiate this down to a less serious charge.
Matthew Weiss
Hello. I too am a Canadian and was driving on the 87 this past weekend and was tagged with the move over infraction as well. In my case, I was totally unaware of this law. I know ignorance doesn’t make it right. When I saw the flashing red lights. I slowed down tremendously and ensured I drove carefully past the scene. I slowed enough to see no one was standing outside the car as I drove past it. I assume he was writing up a ticket for the car in front of him. He caught up to me almost 5 mins later in a sea of vehicles. Rather than go through the whole not guilty plea. My family and I visit NY at least 2 times per year and have the utmost respect for those officials who keep us safe. I figure it was a learning experience and i will never do it again. Pay the fine and move on. This has been a frightening experience because after reading I have seen so many people mention possible jail time. Is this something of concern? 13000+ citations were given last year. I figure not everyone pleaded not guilty and not everyone went to jail. Up until now I have been driving for 20 years and have a clean driving record. Your comments are appreciated.
Thanks.
Louie,
I have never heard of anyone going to jail for a simple “move over” violation. Where did you even read such information?
Matthew Weiss
Hi Matthew. Thanks for your reply. I assumed it was highly unlikely, but several websites have stated up to 15 days in county jail!
Louie,
Technically, those websites are correct. A judge can impose up to 15 days of imprisonment for a conviction for violating the Move Over Law (VTL 1144-a). For a second offense up to 45 days and for a third offense up to 90 days. With that said, I have never heard of a motorist being given jail time for such a conviction.
Matthew Weiss
Recently received a citation vtl 1144-AA on one of the NYS highways. From out of state so not familiar with the law. Two NYS troopers set up with a car pulled over with lights flashing and the other in front with no lights on. Both cars were pulled way off the lane in a marked section of an exit ramp so it seemed that staying in the right lane was appropriate as I had slowed down considerably while passing the cars. I noticed on the citation that the state of registration stated NY which is incorrect. Can this error invalidate the citation if I plead not guilty?
Mary,
This error does not render your ticket fatally defective. With that said, you should plead not guilty and fight this move over ticket. If you do, you likely can negotiate this down to a less serious charge.
BTW, this ticket may transfer onto your license. It depends from which state it was issued.
Matthew Weiss
I just received one of these tickets yesterday. First off this law covers me as I am a highway contractor and work all over New York State. I have always moved over until yesterday. I was eastbound on Route 17 in Monticello, NY. As I rounded the bend between off and on ramps for exit 53 there was a state trooper on the shoulder with the excel lane of the eastbound on ramp between us. Ahead about 200 yards was another state trooper with lights on and a passenger car pulled over. As we were on a bend it was difficult to tell if the excel lane ended before the other state trooper. By the time I could determine that I needed to move over to the passing lane I had another vehicle next to me. As the lane was blocked I slowed and proceeded by in my lane, both trooper and passengers were inside their vehicles. The trooper that gave me the ticket told me that I should have slammed on my brakes and swerved to the passing lane behind the vehicle next to me. After discussing such a questionable lane change, the trooper proceeded to right on the ticket that I passed a trooper with a clear lane to my left. He never gave me the time to discuss the contents of his remarks on the ticket. He handed it to me with my information and took off to catch the next guy who had passed us. What should I do to correct this?
David Bragg,
You should plead not guilty. If you do, you likely can negotiate this down to a more favorable result.
Good luck!
Matthew Weiss
My brother-in-law (who is from England) received a ticket on his way to Niagara Falls for not moving over when he noticed a police car on the shoulder giving another passenger car a ticket. Now he has received the ticket as we was driving our car, if we plead guilty is there any violations that we will occur….and if he receives such violation what are the ramifications of when he returns to England next week?
Rukshana,
If your brother-in-law pays the ticket, I seriously doubt that they’ll be ramifications in England.
Matthew Weiss
Thank you for the reply. And to be clear, there will not be any ramifications for us as he was driving our car? Correct?
Rukshana,
Unless he is named on your insurance policy, there will be no ramifications to you, your license or your insurance policy. I am assuming that your brother-in-law properly answers and pays the ticket.
Matthew Weiss
I noticed on the ticket that name is wrong on the ticket. First name was registered as the last name and vice versa for the first name. Does the invalidate the ticket? As my brother-in- law is a foreign citizen will it register on his record if decides to visit the US again?
Rukshana,
Unfortunately, this error does not render the ticket fatally defective.
Matthew Weiss
I received a seat belt violation in Nassau county in March 2013. I pled not guilty and asked for a supporting deposition within the proper time limits. If I do not receive the deposition within 30 days ,I understand that I have 15 days to file a motion to dismiss. Could you tell me what form I must complete and where to file ect?-Thank you so much for your help.
Ted Chambers,
You most make a motion to dismiss. The motion should explain the factual and procedural history along with the reason that you believe that you are entitled to a dismissal. It should be served upon the District Attorney and filed with the Court. Both are located at 16 Cooper Street in Hempstead.
Good luck!
Matthew Weiss
Thank you for this incredibly helpful and generous site. I learned a great deal from it.
A week ago I was given a ticket near the Catskills for failing to move over. The officer claimed she was walking back to her car when I passed her. This is untrue. She was inside her car the whole time– my husband and daughter can attest to this. She did also note that the car behind me had switched lanes, and indeed, when I tried to move to the left, my way was blocked. I slowed way down, but found it safer to drive slowly than to smash into a car on my left. It infuriates me that police are using this to entrap people and generate income. I assume I should plead guilty and write a note of explanation? I am hoping not to have to drive all the way to Rockland Town Court, about 90 miles away from where I live.
Liz,
Thanks for your kind remarks.
You can call the court and ask whether you can plea bargain your case by mail. If not, you’ll have to go there yourself or retain a NY traffic lawyer to appear for you.
Matthew Weiss
Hi Matthew,
I live in NJ and got tickted in Schroon town, NY state for “FLD due care for emerg veh stopped or standing” on Jan.31. I would like to apply not guilty as it had been snowing and I had concerns in switching lanes on slippery road. Plus I have lowered speed as a common sense and observed nobody is standing outside of emerg cars. The problem is that I cannot spend 4 hours driving there for trial. If I plea not guilty, can I ask further procedures to be processed by mail?
Dawn Zhu,
Here are our notes on Schroon Traffic Court.
A personal appearance is required on some cases but there is no formula on what cases will not accept a plea arranged by mail. You just have to try plea by mail with the ADA and then see what Judge rejects or accepts.
They will not reschedule a case less than 5 business days before appearance date.
Essex County District Attorneys Office
Essex County Government Center
P.O. Box 217
Elizabethtown N.Y. 12932
(518) 873-3335
Attn: ADA Ellen Shell
(also include with letter copy of ticket drivers abstract self-address envelope and if there was a accident)
Good luck and, if you need our help, feel free to contact us.
Matthew Weiss
212-683-7373
Hello Matthew, I hope you are still available to answer my question. My situation with a 1144-AA summons is a little different, and I haven’t seen this answered in the posts above. I received a summons on Sept 22, 2012 near Greenville. I am from CT so I was unaware of this law. I will use the fact that it was unsafe to change lanes, heeding your helpful advice, to try to get it to a 0-point offense with lesser fee. But here is my question: the summons itself was on facsimile paper, and large portions of it were not blank/whited out so information was absent. It didn’t state the address of the court, the amount of the fine, or the address of where to request a deposition from. I found two possible addresses online for the court and mailed registered letters to both of them. After 3 months I got a letter from the NY DMV asking me to plead guilty or not guilty. I pled not guilty and asked for a supporting deposition. I received the supporting deposition last week, sworn to on January 27. Is it useful in my defense to state that the summons should be invalidated because it was incomplete as written and/or because I did not receive the deposition in a timely manner, and/or because I did not have a timely court date? I appreciate your help.
Lora,
This is a useful argument. I would make it (in addition to any other viable ones that you may have).
Good luck!
Matthew Weiss
Matt, thank you so much for posting this site. After reading the above and althrough i agree very much with the need to have such a law to protect emergancy personal. It is very clear that it is yet being used as another way to genarate funds mostly.I as the others recived such a ticket and have already pleded not guilty.For as with many above there was no safe way for me to move over and I had already slowed down more than 20 miles an hour beloew the posted speed limt, and as it is with ticket’s like this they are well aware that it will less expencive to pled guilty to lesser charge than fighting it.
Guy
Guy,
I understand your frustration and don’t disagree, in part, with what you write. If you have otherwise clean record and are not prone to get tickets, then pleading guilty is possibly the right option. Keep in mind that, if you get a second moving violation conviction, within 36 months, your insurance can go up and, if you get another 3+ point ticket, you will be subject to the Driver Assessment Fee.
Matthew Weiss
Hey Matt,
First of all I’d like to thank you for this awesome blog, you rock.
So on January 1, 2013, i got a ticket for doing 68 in a 40 while passing a slower vehicle in front of me in Wappingers falls, ny. I honestly had no idea that you were not allowed to exceed the speed limit while passing in NY state. This is my first ticket and I have been driving for over 3 years and have never had a ticket. I don’t want my insurance going up so how would can I get this reduced to 0 points? I plead not guilty and have been assigned a court date, is there a violation/fee in particular i should ask the DA to reduce the ticket to, like 0 points and $100 fine?
Thanks a lot.
Zain,
Thanks for your nice praise. I appreciate it.
You can ask for a parking ticket, equipment ticket or adult seat belt ticket. All of these violations carry 0 points.
In regard to your insurance rates, read my article entitled “How Traffic Tickets Affect Auto Insurance Rates” so you know what types of pleas will not hurt them.
Matthew Weiss
Sounds good thanks so much, but do you think I actually have a chance of getting it reduced to a 0-point violation when negotiating with the DA? I have my driver abstract record and am prepared to show it to the court.
Zain,
You have a chance but it is not likely. Cut the best deal you can.
Good luck!
Matthew Weiss
Hello Matt,
I stumbled upon your website and I see you helping others. Maybe you can help me:
I was in Corning visiting the Museum. I was already exiting when the my dashboard lights for each tire pressure lit. I decided to back up and check the pressure. Checked my mirrors (I drove a van) and saw nothing so decided it was good to back up. NOT!!!! Even if I backed up slowly I hit the car behind me that was stopped right behind. Accident reports and what not. The police later charged me of backing unsafely in violation of 1211A. I went to the Court and pleaded not guilty. The jedge gave me the address of what I assume is the DA??? Should I try and ask for leniency (hopefully recover the 3 points for such violation) or do you think I am ‘fried’?
Thank you in advance.
David
David,
You should try and conference the case with the DA. This is fortunately only a 2-point ticket so you likely can negotiate this down to a 0-point ticket.
Good luck!
Matthew Weiss
Hallo Mr. Weiss
Thank you for all the advise regarding ordinance 1144-a
Like most of the other victims of greed of the states legal system, I too have been issued a summons for this violation. I am a careful driver and do not think officers should be in harms way however I do also believe officers should use desecration in issuing these summons. Unfortunately they have found yet another way to rape and victimize innocent motorist
I obtained my drivers license over 30 years ago at which time this law did not exist.
Should changes be made to the uniform traffic code isn t it the burden of the state to notify all grandfathered drivers of such changes? Like most of the previous drivers, the case is not that we were unwilling to comply, but that we had no knowledge of new statues and amendments to the law as we knew it. How can we adhere to the rules when they change the rules and we don t know it?
Peter Majewski,
Unfortunately, ignorance of the law is not an excuse. Further, there was a substantial public awareness campaign when the law was first enacted. With this said, I recommend that you plead not guilty and fight this ticket. If you do, you likely can negotiate this down to a less serious charge.
Good luck!
Matthew Weiss
This blog has been very helpful. Thank you.
I was issued a Move Over ticket yesterday afternoon on Onondaga parkway in Syracuse, NY. At the time I was situated in the right lane, surrounded by a pack of cars in front, behind and to the left of me. When I noticed the tow truck pulled off on the shoulder of the road ahead, I felt it was unsafe to slow down and merge into the faster moving left lane. Compounding my unease in trying to make a drastic move to the left lane, was the fact that an officer was slowing down the flow of traffic in my own lane to a crawl. (We had slowed so much that when we passed the tow truck I believe I was only going 20mph.) We were then basically corralled off the road with a number of other vehicles in the right lane, and after a curt and dismissive explanation by the officer, I was given a ticket – despite my perceived danger and, in my own mind more infuriating, despite my trust in the officer’s intentions. (At the time I remember thinking that the police in the road ahead were perhaps searching vehicles for missing/wanted persons and I should to comply with their search by staying in the right lane. Searches like this happen often in Syracuse.)
I suppose my question is, in my situation, what will be the most effective way to defend myself? By stressing how unsafe I felt in moving into the faster-moving left land, or should I try to stress that I wanted to help the officer I saw in the road ahead by complying to be flagged off the road?
Either way, I felt this obvious traffic trap was a gross misuse of the law. It frustrates me to have found myself (along with too many others) ticketed for a contrived emergency. Isn’t it illegal for police to misuse their emergency lights?
Thank you for any insight you can give.
Frustrated in Syracuse,
You should plead not guilty and fight this ticket. On your court date, ask for a conference and try to negotiate this down to a 0-point ticket.
Good luck!
Matthew Weiss
I was issued the same ticket and not speeding last evening. I told the officer it was dusk, I was on unfamiliar roads and I felt it was unsafe to move into the other lane. I was on I 90 to Rochester from Buffalo, NY. I live almost 3 hours away from there and I am not going back there to fight it. I have a clean record for over 10 years. This guy was a big yahoo in my opinion. He had someone pulled over and he was in his car. How much will the fine be and how many points? I did take the safe driver class on line 2 years ago. Thanks!
Dawn Hezel,
The fine will be around $200, and the NY driver safety class does not help you as the benefits from that class only last for 18 months.
Below is a chart of how many points are assessed in NY for speeding tickets.
1-10 mph over 3 points
11-20 mph over 4 points
21-30 mph over 6 points
31-40 mph over* 8 points
41+ over* 11 points
* Denotes suspension possible for a conviction to this offense. Of course, with our convictions on your record, you can be suspended even for slower speeding violations
Thanks for the information on your blog. I received a failure to move over ticket today in New Paltz, NY. The cop and a passenger vehicle were pulled over on a two-lane road, and the cop was standing outside the car. I slowed down to far below to speed limit and moved over as much as I could, which was not much because there was traffic coming in the opposite direction. I was talking on my cell phone at the time. The cop chased me down and pulled me over a couple of stop lights later. I have a completely clean record prior to this incident, but received three tickets today: for being on my cell phone, for having a frame on my license plate, and for the “move over” violation. Will the fact that I was written up for multiple violations affect my ability to fight this ticket?
Thanks so much for your advice!
Student,
YOu should plead not guilty. The multiple violations may end up costing you more but should not impact your ability to make some type of plea deal.
Good luck!
Matthew Weiss
I have a novel question, I think. I got a “move over” ticket on the Taconic Parkway. I was not speeding. The police car and the person he had pulled over we’re off the parkway, over the curb, and on the grass. They were therefore not on the “highway” as defined by the statute. I did not think I needed I needed to pull to the side for this as the office was off the parkway. Is this worth fighting?
Paul Andrew,
Yes, you should plead not guilty. If you do, you likely can negotiate this down to a lesser charge. If the supporting deposition states that the officer was located on the grass, then you should show this to the prosecutor during your negotiations.
In terms of your defense, the applicable portions of Vehicle and Traffic Law Section 1144-a states:
“Every 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 …”.
As you can read, emergency vehicles parked on a grassy area along the highway are arguably NOT covered by the bolded portions of this statute.
Good luck!
Matthew Weiss
Hi Matt, Place of occurance: I87NB. Description of violation : Speed in Zone; Location Code: 0 151; So vague!!!
You have been of excellent help, thank you very much.
Pra,
Did you also receive a supporting deposition. If so, look at that document for more specifics about the location. If not, you can demand one from the court. There is a place on the ticket to fill in if you want one.
Matthew Weiss
The ticket is section 1180D. The Loc Code on the ticket says 0151. It was I-87 North Bethlehem Town of – – 0151
How can i find out the speed limit on location 0151?
Do I mail the ticket back to them with Plea of Not Guilty right away and then wait to hear for a court date? On the ticket it says return by mail before or in person on 10/02/2012.
Pras,
Yes, plead not guilty right away. I recommend that you send it in via certified mail or some other delivery confirmation.
The ticket and, if you have one, the supporting deposition have a box for the place of occurrence.
Matthew Weiss
I just got a moving violation speeding ticket on 9/17/2012. When the officer came to me he said i was doing 81 on a 65MPH zone. But when he gave the ticket it indicated 81 on a 55mph. I did not check it until i got to work. This was on I-87N in Bethlehem Town in Delmar, NY. From reading above it looks like
1. Mail in right away with Plea of Not Guilty
2. Go to Court on the date they specify and try to get a point reduction.
Also, how can i specify that it was a 65mph zone and not a 55 mph zone.
Pras Mesur,
I recommend that you plead not guilty and fight this ticket. If you do, you likely can negotiate this down to a less serious charge saving points and money.
In regard to the speed limit, you can return to the location of your ticket (see ticket for a description of the location) and check the signage. If it is a 65 mph zone, then take some photos that you can show the prosecutor and judge.
Matthew Weiss
We were just given a summon for 1144A, we were about to reach the toll on Queens Midtown Tunnel when a police car blocked 2 lanes to our right (not ours). My husband yielded and then moved over to the left lane and passed the police car slowly (1 lane away). He pulled us over on the other end said why didn’t we stop when we saw his lights. Did we break law 1144A. No where does it mention we should stop. My husband did yield and move over. His question was why did you not stop when the other cars did. My response would’ve been (which he did not give us any opportunity to make a defense) “the other cars stopped because you blocked their lanes. We did slow down and move over”. My husband plans on pleading not guilty since his record is clean but is it worth the fight? I read if they find him guilty he’ll have to pay the fine + applicable fees? How much would those fees be? How long do points remain on your driving record? Thanks for your advice!!
JenR,
The move over law requires you to slow down and move over. Because this is what you state that you did, it sounds like you may have a valid defense. Plead not guilty and fight this ticket.
This ticket carries 3 points and roughly a $200 fine. Points from any NY ticket last for 18 months from the date offense for DMV purposes.
Matthew Weiss
I was recently pulled over for an 1144-aa (Move Over law). As I am doing research on whether to plea guilty, not guilty and lawyers, I read that:
Every 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…
The State trooper that pulled me over was a unmarked black SUV displaying NO lights at the time he was standing on the shoulder. Is this valid for not guilty?
Di,
Passing an unmarked black SUV displaying NO lights is not a violation of this section of law. Did you receive a supporting deposition? If so, what does it say about there being an emergency vehicle? Flashing lights?
Either way, I therefore recommend that you fight this failure to move over ticket. You likely can negotiate a reduction if you decide not to take it all the way through a trial.
Good luck.
Matthew Weiss
Hi Matthew, i’m in NJ. I just got a ‘move-over’ law ticket yesterday in NY. I was not aware of this rule but i did slow down and move to extreme left of the slow lane. The officer told me that i do not get any points since i am not a NY driver.
1. How do i confirm this?
2. If i plead not guilty and incase there are no points, will there be a reduction in the fine amount?
3. Is there a possibility of dealing with this whole issue through mail or should i appear before court in NY?
Ani,
Answers in below following your questions.
1. How do i confirm this? I can answer this question. A conviction to this 3-point NY ticket will transfer as 2 points onto your NJ license.
2. If i plead not guilty and inc ase there are no points, will there be a reduction in the fine amount? Not likely but, if you fight it, you may be able to avoid getting NY and/or NJ points.
3. Is there a possibility of dealing with this whole issue through mail or should i appear before court in NY? Generally, you or your traffic lawyer will have to appear in court to address the charge.
Matthew Weiss
Hi Matthew:
similar situation to Ani’s. Got charged under VTL 1144-A B, responded with not guilty plea, got offer from Prosecutor to reduce to VTL 1110.A. As a NJ driver that means 2 pts for either the original charge or the reduced charge, so no reason to accept – is that correct? If I write back & ask for further reduction say to VTL 1201 or 1175, will it be considered or am I wasting my time? is the downside 3 pts or only 2 pts because it transfers to his NJ license?
thanks
Chris,
You are right. The original charge and the reduced offer will both transfer as 2 points on your license. If you have the time, you may want to contest this ticket further.
Matthew Weiss
thanks, Matt. I did reply back to the prosecutor offering a plea to VTL 1201 (no points) then got a reply back today saying that “my request for a no point infraction is outside their plea policy” and offering a new plea to VTL section 1163.E No/Improper Use of 4 Ways (2 pts, non speed infraction) Doesn’t seem to be of any benefit to me, does it? Why do they keep coming back with pleas with zero benefit? thanks
Chris,
A 2-point reduction is help that it saves you points off your speeding ticket. Further, if you are charged with speeding 16+ mph (and assuming you have an otherwise clean record), then the reduction will also avoid a possible insurance hike.
Finally, it is not uncommon for a traffic court to only reduce a speed to some other lesser moving violation.
Matthew Weiss
Hi Matthew, I’ve been reading the questions and answers on here an they have been very helpful.
I was pulled over back in January for this new move over law. The officer was pulled into the grass around a corner on the Taconic near Gallatin, and there was another one in the median who ended up pulling me over. When he did so, I asked him what the problem was and he said I failed to move into the left lane for a stopped emergency vehicle. I told him how fast I was going, and he acknowledged and even THANKED me that I went 35mph past the officer, but that’s not good enough. What do I do if i had no knowledge of this law, creeped along the right lane and truly have no money to pay any kind of fine? Will they arrest me if I can’t pay it? Can I do community service instead?
I am a college student and was not able to attend my first court date due to classes, so I had it pushed back to August 29th. I no longer have my papers that they mailed me (my fault, I’ve been moving a lot) and I truly can’t afford to pay any kind of tickets, or have any points off my license (I was pulled over two years ago for going 75 in a 55 zone, and a few months ago for a seatbelt violation and I am still paying for BOTH OF THEM). I am nervous that because I am young AND a woman AND have a smudge on my record they will automatically ignore my not guilty plea and fine/take points off of me anyway. I see people passing police vehicles in the right lane all of the time, and none of them get pulled over. They will even be going 70+mph. It just hurts me knowing people who have no common sense for human safety can get away with a law like this, but the people who are cautious and mindful (ie: go slow and pay attention) are the ones who get the pain. I know it’s petty of me to say “it’s not fair!” but, it’s not fair!
I also read that if the officer does not appear in court, we can have the case dismissed and the charges lifted. Is that true? Does this happen often in traffic court? Does the officer always have to show up?
I just want to get out of this without having any harm on my record. I will be representing myself in two days and i’m scared about losing.
Cassie,
Answers in bold follow each of your questions.
What do I do if i had no knowledge of this law, crept along the right lane and truly have no money to pay any kind of fine? Will they arrest me if I can’t pay it? Can I do community service instead? If you fail to pay the ticket, your license will be suspended.
I also read that if the officer does not appear in court, we can have the case dismissed and the charges lifted. Is that true? Does this happen often in traffic court? Does the officer always have to show up? The officer only has to be present if your case is scheduled for a trial. Even if he fails to appear for a trial, the judge can re-schedule the trial give the officer, at least, one more date.
Matthew Weiss
Hi Matthew, i’m in NJ. I just got a ‘move-over’ law ticket yesterday on 87 near Albany. I was not aware of it but what i did when i saw the trooper with someone pulled over ahead of me i pulled into the left lane and I passed the trooper and then switched back to the slow lane (so i thought). Well the trooper thinks otherwise, he said i pulled back in the slow lane too soon before i actually passed him……I spoke to a lawyer who said for $xx he could get it knocked down to a 0 point violation and a fine. Is that the route to go or try to fight the ticket totally?
George
George,
If you can get a 0-point result, then you should take it and run. If you reject this offer, the only upside would be to save the fine for the 0-point ticket and the downside is 3 points and roughly the same fine anyway.
Matthew Weiss
I received a 1144-AB ticket on July 26 in Manlius, I told the officer I was unable to change lanes since no vehicles would allow me to cross over however I did slow down and move over to the left as far as possible. He still indicated on the ticket the left lane was clear and I failed to move over for a tow truck. I plan on mailing my ticket and pleading not guilty however am I still required to appear at the court date on August 23rd? If I were to hire someone to represent me am I still required to attend since I live in Ontario? Do you cover that area or could you recommend someone.
Cynthia,
If you hire a NY traffic lawyer, then you will not have to appear in court. Yes, we cover this area. In fact, we cover any traffic ticket issued ANYWHERE in New York State.
Matthew Weiss
Mr. Weiss
Last weekend I received an 1144-A ticket on the Taconic State Pkwy. The state trooper who issued the ticket told me I wasn’t speeding but failed to move over for a deputy sheriff who was issuing a citation to another motorist.
The problem is that both law enforcement officers were pulled off the road on a curve where visibility was obstructed by vegetation. I didn’t see either until I was into the curve and almost even with them. There was no time to react to the situation and move over safely. I have a clean license and do not wish any points since I feel this was a case of entrapment.
I am in the process of moving from New York State to Tennessee and will not be able to keep the court date. I will be converting my drivers license and vehicle registration over to Tennessee next week.
Would it be worthwhile for me to just plead guilty and pay the fine and take the points? Will the points transfer to my Tennessee license since I will have converted it by then?
Your opinion and expertise are greatly appreciated.
Will,
I recommend that you plead not guilty. If you do, you likely can negotiate this ticket down to a less serious 0-point charge.
Matthew Weiss
I plan to try to discuss the possibility of a no points violation with the prosecutor as you suggest. My ticket for not properly “moving over” shows that the matter is “scheduled to be handled on the appearance date below” which says Bethlehem Town Court at Delmar, NY 6/26/12 at 5:00pm.
I didn’t realize court held session in the evening, so when I called the court to verify the time of the appearance, they confirmed the time was correct. I asked if I needed to mail in the ticket in advance. I was told “No, just appear at court with the ticket at the stated time”. So that’s what I plan to do . If the prosecutor that evening agrees to reduce the points with a guilty plea and fine, will this matter be resolved before the judge the same night or will I need to return for a trial?
Richard,
If you agree on a plea bargain, then it will be finalized by the judge that night. Don’t forget to bring money to pay your fine.
Matthew Weiss
Thanks Matthew, I guess I got it confused when the guy was sitting there I thought he was the appointed lawyer for the people!…lol Anyways, I commend you for your advice on this forum it has been invaluable. I am glad I found it. You certainly know what you are writing about!…Thanks Again
Thanks DJ. I really appreciate the kind words.
Matthew Weiss
I just finished my court date on Friday June 8th concerning my move-over-law violation. Here was my experience:
I had a good judge and the DA (or whoever it is they have as your lawyer) was the lawyer for everyone in traffic court. When my name was called I went up to the front. This I will tell you “You Are Going To Pay Something!” and the biggest expense is the surcharge $80 bucks! Anyways, because I had a clean record they put no marks on my license. The judge gave me an $80 fee plus the surcharge $80 total= $160.00! I asked him could he make it cheaper, everyone laughed in the court. So he gave me 4 months to pay. Well, I am a freelancer.
The thing is that there is no room for argument, even if you feel you are innocent. I had written a letter previously to my court date and pleaded not-guilty, which I recommend just like the lawyer on this forum does. I think they did take my letter into account since my record is clean, however, they do want money! If you go to trial then you can plead for complete dismissal of your case or whatever, but I doubt if you will win, and you can end up with marks on your license plus a hefty fine. So it is best to go with what Mr. Weiss suggest and take the deal that the traffic court gives you. It all took only a few minutes. Just remember that this: you will not be able to negotiate. The lawyer assigned to you has done that already, and he is not interested in going back and forth with the judge. However, the judge decides the fee! It could be more or less, come people had to pay over $250.
DJ,
Thanks for sharing your experience in traffic court about your NY Move Over law ticket. The one thing I would amend is your reference to describing the DA as “whoever it is they have as your lawyer”. The DA is not “your” lawyer. He represents the People against you. With that said, you did well and luckily didn’t waste much time. Typically, these courts take much more of your time (mostly waiting around for the DA or judge).
Matthew Weiss
I was issued a NYS V and T Law ticket… 1144-A. I live in Putnam County NY.
I was coming down my road and my boss had already told me there were a bunch of cops in the one area where it goes from a 30 to a 40 so I stayed under the speed limit. I saw the cops were just inside the 40mph area all set up- 4 cop cars on each side of the road.. it’s a small road- one lane each side. I was going maybe 20mph tops and following the cars ahead of me all going the same speed. Getting near the cops, one cop was waving us on and then I heard a cop saying “SLOW DOWN!”
A cop on the opposite side of the road turned around and started following me only to pull me over nearly a mile later. I saw a few other cars had been pulled over behind me
I don’t feel I could have done any better at adhering to the law as I couldn’t move over to the other lane and I was going at a safe speed.
What do you recommend I do? I saw I could plead guilty and that the fine could be quite hefty and points would go on my license. I have a completley clean driver’s license and really need to maintain that for my job. I sent the ticket back in as Not Guilty and my courtdate is next week. How do I proceed??? I have never fought a ticket and have no idea how to do so in such a situation. So if they offer me a lesser charge, when do I pay the fine? I just need to know if I should have money on me for the night of court.
Thank you so much!!!
Dee,
As you write, you should plead not guilty. On your court date, you likely can negotiate this down to a lesser charge (especially given your clean record). Some courts will give you time to pay while other will not. You can call the court in advance of your date and inquire.
Good luck!
Matthew Weiss
If a “move over” law ticket is at a location other than a parkway, interstate, or a controlled-access road with multiple lanes, would one still have to move over?
Joel,
Great question! Thanks for posing it. VTL 1144-a requires drivers on “parkways and controlled access highways” to move over lanes when passing authorized emergency vehicles (if and when it is safe to do so).
VTL 1144-a requires drivers on any “highway” to generally exercise due care to avoiding colliding with authorized emergency vehicles. This could include moving over or driving wide of an emergency vehicle (but the statute does not specifically list it as a way to do so). Clearly, on a “highway” you must slow down when passing it.
My interpretation is that, when NOT on a “parkways and controlled access highways”, you do not have to move over but you must slow does and otherwise avoiding colliding with the emergency vehicle. As a practical matter, if the roadway allows it safely, I would still recommend moving over. It is better to avoid a ticket than to be dragged into court and be forced to argue the nuances of statutory language.
Matthew Weiss
Similar story to most of the above. Driving north in the right hand lane earlier today on the NYS Thruway (just south of Albany). Spotted two police vehicles with lights on stopped in the right shoulder. Didn’t know of the new law, did not move over to left lane, just eased left slightly and slowed slightly. Trooper chased me down and issued a ticket stating in his opinion, it was reasonable for me to have moved to left lane. Seems like the state police are out to make a statement in response to some very unfortunate instances, and are more concerned with ticketing the cautious drivers that drive in the right lane within the speed limit than they are about ticketing those that go 80+ and come up to your bumper if you’re in the left lane.
Question: Can I challenge the Trooper’s statement about it being safe to “move over”? The argument: the trooper was inside his vehicle (which was parked in the breakdown lane facing the same direction as the flow of traffic). That means he was most likely facing forward and relying upon his mirror to support his judgement. Generally speaking, one can’t get a clearly observable view of TWO lanes of traffic (and judge distances between cars) through a side view mirror. Just a thought.
I understand the general advice about pleading not guilty and trying to negotiate a reduction in points, but my question is this: Who do you “negotiate” with? The judge, the trooper, or the prosecutor, and when does this negotiation take place?
And lastly, is there any value informing the court I was not comfortable moving to the left lane (even if there was a gap in traffic), after having been in that lane earlier on and been forced to the right on more than one occasion by a number of vehicles coming up to my bumper while traveling at excessive speeds?
Thank you.
Richard,
Yes, you can challenge the Trooper’s statement about it being safe to “move over”. This would occur if and when you have your trial of this case.
If you plead guilty, you likely will be able to “negotiate” with the prosecutor when you are scheduled for a court date.
There may be value to pointing out that you were not comfortable moving to the left lane (even if there was a gap in traffic), after having been in that lane earlier on and been forced to the right on more than one occasion by a number of vehicles coming up to my bumper while traveling at excessive speeds. Again, however, this would be if and when you case is tried.
Based on the information that you provided, if you can negotiate a 0-point ticket, I recommend that you take it.
Matthew Weiss
Thank you. I assume you meant to write: “If you plead NOT guilty….” in the 2nd paragraph above.
One last question:
Should I avoid trying to tell “my story” to the prosecutor when negotiating with him/her, and simply ask if there’s a way to have the charge changed to a lesser charge that still has a fine but carries -0- pts?
Richard,
I would simply ask “How can we resolve this matter?” He or she likely will propose an offer at that point. You can always discuss the details if it becomes necessary.
Good luck!
Matthew Weiss
Hi Matthew –
Great blog! Thanks for all the info. I have just one little question: everyone is refering to 3 points. Did the law change? When I looked it up, it seemed that a 1144a violation carried only 2 points. Thanks again! L
Thanks Lori.
A VTL 1144a carries 3 points, not 2.
Matthew Weiss
I got pulled over on 5/18/12 by NYS Trooper for violation of 1144-AA (per the ticket), failure to move over. Officer was on the shoulder with his lights on concluding another ticket, and he tracked me down a mile or so later. He stated he observed me traveling 60 mph in a 35 mph zone and said I didn’t move over and didn’t slow down. There’s no way I was driving 60 mph, but it’s true I did not move over. This is the first ticket I’ve ever had in 30 years of driving and he did not add speeding to the ticket, the speeding comment is in his deposition. I’ve heard from a couple of people that Nassau County is not reducing these tickets. I’ve also heard they’ll make me appear even though the ticket does not state it requires that. Is it worth pleading not guilty and asking for leniency based on my driving record or do I have no shot at getting this reduced?
Carl Miller,
I suggest you plead not guilty. If you do, you likely can negotiate a plea bargain to a 0-point charge. Your exemplary record should be enough to convince the prosecutor to give you a break this time.
Matthew Weiss
Hi Matthew,
I received a 1144A ticket a couple weeks ago in Monticello, NY. I live in Brooklyn, so it will be hard for me to make it up there for my court date. I gave a thought to hiring a traffic lawyer to get rid of the points, but when I called my insurance company they said my record was clean enough that these points would result in no additional premium.
My question: Is there any way for me to reduce the fine without appearing in court? I don’t think it’s worth hiring a lawyer for $400 just to reduce the ticket to $150. Should I just plead guilty if I can’t make it all the way up there for the court date?
Gabriel,
No, you (or your NY traffic ticket lawyer) would have to appear at the Monticello Court in order to get the case reduced to a lesser charge.
If you are not prone to receiving tickets and have an otherwise clean record, then you can just pay this one without getting a Driver Assessment Fee or risking a suspension. Of course, if you were to get another ticket in the future, then you likely would want fight that one. On the other hand, if you desire to keep your license as pristine as possible, then you should fight it. If you do, then you likely can reduce or avoid the points.
Good luck.
Matthew Weiss
Matthew,
Very interesting web site,
A friend of mine was ticketed near Albany cited for the move over law. The Tropper stated that my friend did not move over within a reasonable distance. What is the required distance to move over once emergency lights are in view? There must be distance criteria within the law.
Thank you for your time
Jim
Jim,
There is not specific distance. It is a reasonable distance and your friend was required to “move over” before he reached the vehicle with the emergency lights. Tell him to plead not guilty. If he does, he likely can negotiate this case down to a less serious charge.
Matthew Weiss
I was driving , when I saw the Police car stopped . I put my blinker on , but could not change the lane as the vehicle behind was coming fast.
I was anyway in the lowest speed lane and slowed down even further when I saw that vehicle. I have a completely clean driving history.
I was driving with my family , which inclued my small baby, so I had all the reasons not to be rash / unsafe . But the officer came and gave me the ticket.
So, is there any way in which this can be converted as a warning instead of a hefty fine & a 3 point ticket??
What is the best case scenario that I should expect
— Full Waiver ?
— Points waiver & Pay the fine (How much ??)
— Pay the fine and have points (THis being the nightmare)
Anom,
There is no way for a ticket to be converted to a warning. Once it is issued, your case is in the system and you must fight it or pay it.
If you fight it, the best outcome would be a reduction to a 0-point ticket or a dismissal after trial.
Matthew Weiss
Thanks for your Reply Matthew. Can you please advise what needs to be done as next steps for me now ?
Can I do it as a written plea in mail ? Do I have to appear in court ? or Do I have to do a lawyer ? Your response will be highly appreciated.
Anom,
You should enter your not guilty plea via certified mail (or in-person). The court will schedule a court date. You (or your NY traffic ticket lawyer) will appear on that date to answer the case. At that time, a plea bargain to a lesser charge likely will be offered.
Matthew Weiss
Thnx for the quick reply Matthew.
While sending the NotGuilty plea , should I be asking for a Supporting deposition as it was not provided to me on the spot!
Anom,
You can ask for it. A supporting deposition provides details of the charge. If you don’t get one within 30 days of a timely demand, then you can seek dismissal of the case. On the other hand, if you ask for it, it could hamper your plea bargain discussions as making such a request is sometimes used as a basis for not plea bargaining (or making a less favorable plea offer).
Matthew Weiss
How much would hiring a NY Traffic Lawyer cost me ?
If I appear in the court myself , what should my Not guilty plea be ? As in what is the lesser charge that I should be willing to take ? Should I explicitly ask for a different date than what is provided in the ticket if I am not able to make it on that date?
Anom,
A NY traffic ticket lawyer would likely charge between $400 and $600 to handle your case. You would not have to appear in court.
If you appear yourself, then try and get a 0-point ticket (ex. parking, seat belt or equipment violation).
Finally, if you cannot make the scheduled date, then contact the court in advance and request a new date.
Matthew Weiss
Matthew , Thanks for your very helpful blog.
I have my court date coming shortly. I have already mailed my Not guilty plea. What can I expect at the court hearing now ?
Anom,
Every court is different. Your case will likely be scheduled between 30 and 180 days. I would contact the court in a week (or so) and make sure it received your not guilty plea. Otherwise, it is a waiting game.
Matthew Weiss
My ticket read, “The matter is scheduled to be handled on the appearance date below” & says to ”and the Return by mail or in Person by 6/11/2012 at 6 PM”. But the tickets also say that if I am pleading not guilty, I should mail this not guilty plea within 48 hrs. I pled Not guilty about 2 weeks after I got the ticket . I got the return mail confirmation also , but no response for any date .So was that Late?Should I be appearing tin the court today ??
Anom,
You should be okay in regard to timeliness. However, I recommend that you call the court ASAP to confirm receipt and that your case is in the process of being scheduled.
Matthew Weiss
I received one of these tickets on the Route 135 shortly after entering the highway at Woodbury. I had just had my tire changed by AAA because it had a bubble in it and I was riding on a mini-spare. I got on the highway and accelerated into the left lane out of habit and quickly remembered the mini-spare. So I slowed down and made my way over to the middle lane and then looked to get over into the right lane. As I was doing this, I was going around a bend and the shoulder ahead was concealed. I looked over my shoulder to make sure it was clear to go right and as I got into the lane and turned my head up front, there was police car on the other side of the turn and an officer standing on the shoulder waiving me over. I couldn’t get back over if I tried. I had slowed down too much and everyone was passing me to my left. After I got the ticket and started to drive away, I completed going around the turn and there was literally a LINE of police cars in varying stages of either writing tickets or waiting for someone to pull over. It was a “Move-over trap!”
The officer that stopped me told me that the reason he pulled me over is because they were “making people aware” of the move-over law – and then gave me a ticket. He followed that with just plead “not guilty” and the court will dismiss it. So I plead not guilty and went in to see about negotiating the ticket. The original fine would have been $195 plus 3 points (the officer initially told me there were no points), but they would knock it down to a non-moving violation and the fine would be $175! I told him what the officer told me about dismissing the fine and he cut me off and rudely told me I had been LIED to. So I began to tell him I was riding on a mini-spare when he cut me off again and said “OK, we will set this for trial – you’ll get a date mailed to you within the month.”
So I got my trial date and it’s coming up next week. I know I will have another opportunity to speak to a DA before I’m actually brought in to the trial room. I guess after all this my question is, should I try to fight it or is it better to take the offer and reduce the points?
I read through some of your information on your website about this law and in addition to my driving slower in the right lane, I can also say that I don’t recall the police car’s la
When I saw the cop waving me over, he was standing a few feet in front of a police car and I don’t recall the emergency lights being on. It was a rather dreary afternoon, so I think I would have noticed them. Is this helpful to my case or just my word against the cops?
Denise,
The “I don’t recall the emergency lights” part is a problem. Essentially, you are admitting that you have no idea is the police had them (or not). This information will not help your defense.
Matthew Weiss
Denise,
If you get a 0-point offer, I would take it. With 0 points, the only upside of a trial is saving the fine money and, if you lose, then you end up with 3 points.
Matthew Weiss
Dear Mr. Weiss
I received an 1144-A ticket from the NY state. I am from Europe, Hungary. I plead not guilty as I was not aware of this rule. This was my first visit to the states and I never heard this rule in Europe. I had no intention to brake any rule. Now I received an Appearance/Pre-trial Conference date and asking me to appear on a trial with an attorney. For shure I cannot go back to the states for this pre-tiral, I also don’t have any information about how much an attorney would cost to represent me and solve this case.
Please advise approximately how much it would cost me together with the penalty to hire somebody to solv this case or what are the consequences if I just simply will not show up and do anything.
Thank you
Csaba,
If you do not answer the “move over” ticket, then you will be suspended in New York and be subject to payment of additional fees. If you ever return to the United States, this suspension could hurt your ability to drive (if not more). I therefore recommend that you address it.
A New York traffic lawyer charges between $400 and $600 to handle such cases and you will NOT have to appear in court. The fine for this matter will be roughly $200.
Matthew Weiss
Hello Matthew. Thank you for your very helpful blog. Today I received a Move Over citation traveling exactly the speed limit (65mph) on 87 south in Ulster. I had no idea this law even existed, although I know that is not a defense. The Trooper was pulled over to the right shoulders with his lights on but he had no other vehicles pulled over. I was in the right hand lane with vehicles to my left and directly behind me so even if I wanted to move over I would have to slow quickly to get behind the vehicle to my left which may have caused the vehicle behind me to rear end me. I plan to fight the ticket although realistically, is this a reasonable defense? It’s the Trooper word against mine. This would be my first moving violation in over 10 years (except for a DUI in CA 5 years ago). Otherwise my driving record is completely spotless.
Also, the citation reflects 1144-AA. Is that the amended version of 1144-A since I can not find any 1144-AA law anywhere. The description says “FLD DUE CARE FOR EMERG VEH STOPPED OR STANDING”.
Thank you for your response.
Eric
Eric,
Thanks for your kind remarks. You are doing the right thing by plead not guilty. If you do, you likely can negotiate this traffic ticket down to a less serious offense.
Matthew Weiss
Eric,
Did u plead not guilty? what was the outcome ?
I m wondering what i should do
I just received one of these tickets yesterday. I was totally unaware of this law but it would have been impossible for me to pull-over anyways. However, I did slow down quite a bit when passing the state trooper car. But he stopped me and I asked him “was I driving too slow?” He then told me about the move over law. I have a totally clean driving record! I am wondering when I plead not guilty can I:
a. write a letter with the not guilty plea
b. can I ask for my case to be dismissed with a warning or they never dismiss these cases?
c. if my case is not dismissed about how much will I have to pay? I was driving a rental car with a Virginia license plate but the rental place is in NYS and so is my license.
Thanks in advance
Deb, you should plead not guilty and, on your court date, negotiate a reduction to a lesser charge. The fine will be around $150.
BTW the NY traffic courts generally do not dismiss tickets without a good reason.
Matthew Weiss
I forgot, will I receive any marks on my license?
Thanks again you are a great help
Deb, a move over ticket carries 3 points. But, if you fight it, you likely can save points.
Matthew Weiss
Thank you for this post about the Move-over law. Near Newburgh, I got a ticket this weekend for this violation. After issuing me a ticket, the state trooper immediately sped off to pull over another vehicle. I do plan to fight this after reading the comments here and your responses. Where on this site can I read more about what to expect in fighting a ticket? I live in Brooklyn. Will I certainly have to appear in court? If you’ve answered this question on a different post, could you reply with the link?
Gomichaelgo,
In Newburgh, you or your traffic ticket lawyer will have to appear.
If you plead not guily, a likely outcome would be a plea bargin to a 0-point ticket.
Matthew Weiss
212-683-7373
Dear Mr. Weiss,
I was not aware of the Move Over Law and was going 68 mph on the Thruway for the first time. I was pulled over and was charged for the Mover Over Law. This is my first moving violation. I have a very clean driving history and do not mind paying the fine but don’t want any points. Do I stand a chance to reduce the charge if I plea not guilty? Also, do I have to send in an explanation if I plea not guilty? Please advice.
Regards,
Sharmin
Sharmin,
Yes, if you plead not guilty, you likely will be able to negotiate a 0-point reduction (especially given your clean driving record).
Matthew Weiss
Hi, I was also not aware of the law, but found out this morning. I was travelling in the right lane because I was less than a mile from my exit and two NYS Troopers had a vehicle off to the side of the road. I didn’t move over b/c I didn’t want to be seen as weaving since I was getting right off, but I didn’t take off my cruise control either. He clocked me doing 73 in a 65 and said I should have moved over or at the least significantly reduced my speed (below 65). I was only ticketed for the Move Over Law, but his deposition provided the details regarding my speed. I just changed insurance companies, have a new (to me) car becuase my new job is a great distance away so I cannot afford the charge, let alone the points. Do I have a leg to stand on here or will I be wasting my time? Please advise. Thanks!!
Kari,
I would plead not guilty and, on your court date, try to negotiate a reduction to a lesser charge. You’ll likely be able to get a reduction.
Matthew Weiss
Dear Mr. Weiss,
I was going 75 mph on 55 mph zone. I got this 1144-A ticket today March 14 in Lewiston town right before entering the border. The cop told me that there are no points and that I should just pay the fine and surcharge. I live in Toronto. Please help.
Best regards,
James
James,
A NY move over law carries 3 points. Further, because points from New York transfer to Ontario, we recommend that you fight this ticket. We represent many drivers from Ontario and are very familiar with your demerit point system. There are ways to avoid getting any points in Ontario (and New York) if you fight it.
So you should plead not guilty and fight it, or retain a New York traffic lawyer to do so for you.
Matthew Weiss
hello, i was not aware of the move over law. i dont know if i should plea guilty or not guilty. i was going according to the speed limit but did not change lane when a cop had another car on the emergency lane.
i don’t mind paying the fine to get it over with. but don’t want any points!
please help! thanks
Michelle,
The only way to possibly avoid points is to fight this ticket. Plead not guilty and try and negotiate a reduction on your court date.
Good luck.
Matthew Weiss
Yestarday I was driving from NY to CT on i84….I got a ticket for not moving to another lane while a police car was standing with lights on with some other passenger car….I have slowed down the speed but could not change the lane due to safety reasons as on other lane (It was 2 lane highway) trafic was going on…….But the cop gave me this ticket…..My Driving history is clear since I got my DL (past 2 years).
Please advice what to do ?
Naveen,
My advice is that you plead not guilty. If you do, you likely can negotiate a reduction to a less serious charge.
Matthew Weiss
thanks Matthew …..one qq…If I plea Not guilty what could be charge given to me? and with plea Guilty what could be charge?
Naveen,
If you plead not guilty, you likely can negotiate this charge down to a 0-point ticket (assuming you have an otherwise clean record). If you plead guilty, the conviction will appear a charged (i.e., a violation of VTL 1144-a).
Matthew Weiss
Thanks Again Matthew for your reply.
one more qq….I received a ticket asking to submit that by mail or in person!
If I go in person, on the date mentioned, then would all the things would be settled/finalized on that day?…Thanks
Naveen,
Some courts allow you to finalize everything on the first court date, and other do not. Therefore, you may want to enter your not guilty plea via mail.
Matthew Weiss
Naveen ,
What was the outcome of your hearing ?