Fighting Your Move Over Law Violation Ticket in New York
When you see flashing lights on the shoulder, New York’s Move Over Law requires specific, immediate action to protect emergency personnel. A ticket for violating this law is a serious offense that signals a failure to protect those who keep our roads safe. At our law firm, we understand the law’s requirements and the high penalties it carries. Our defense attorneys provide strategic representation for drivers accused of this violation, challenging the officer’s observations and working to mitigate the significant fines and points associated with a conviction.
Understanding the Move Over Law Violation in New York
New York’s Move Over Law is codified in Vehicle and Traffic Law (VTL) § 1144-a. The law requires drivers, upon approaching an authorized emergency vehicle, hazard vehicle, or police vehicle stopped on the shoulder with its red or white lights flashing, to:
- Move to a lane not immediately adjacent to the stopped vehicle, if it is safe to do so; or,
- If changing lanes is unsafe or impossible, slow down to a reasonable and prudent speed given the road and traffic conditions.
The law protects police, fire, ambulance, tow trucks, and highway maintenance vehicles. A violation occurs if you fail to take one of these two actions.
New York State Penalties: Significant Fines and Points
The penalties reflect the law’s importance to public safety.
- Fines and Surcharges: A first conviction carries a fine of up to $275. A second conviction within 18 months increases the fine to up to $450. Mandatory state surcharges apply, pushing the total cost significantly higher.
- Driver Violation Points: A conviction for violating VTL § 1144-a adds 2 points to your New York State driving record.
- Insurance Consequences: Two points for a violation perceived as endangering emergency workers will likely lead to a noticeable increase in your insurance premiums.
- Potential Criminal Charges: In cases where a violation results in physical contact with a person or vehicle, more serious charges like Reckless Endangerment or Assault could be filed.
How Our Law Firm Defends Your Move Over Law Charge
We build a defense focused on the “safety” and “reasonableness” requirements built into the law itself.
- Arguing That a Lane Change Was Unsafe: The law only requires you to change lanes if it is safe to do so. We analyze the traffic conditions at the time. Was there heavy traffic in the adjacent lane? Did you attempt to signal and change lanes but were unable due to other vehicles? We argue that complying with the primary directive (changing lanes) was unsafe, and thus you were obligated only to slow down.
- Challenging Whether You Slowed to a “Reasonable” Speed: If you could not change lanes, the law requires you to slow to a “reasonable and prudent” speed. We challenge the officer’s assessment of your speed reduction. Given the road conditions and traffic flow, was your reduced speed reasonable? An officer’s subjective opinion that you didn’t slow “enough” can be contested.
- Negotiating for a Reduction to a Lesser Violation: A Move Over Law conviction carries a specific stigma. We often negotiate with prosecutors to have the charge reduced to a general traffic infraction like “Disobeying a Traffic Control Device” (2 points) or, ideally, a non-moving violation. This can reduce the fine and lessen the impact on your insurance.
- Examining the Status of the Stopped Vehicle: We verify that the vehicle on the shoulder was a legally protected vehicle (e.g., an official tow truck, not a private tow) and that its emergency lights were properly activated and visible from a sufficient distance.
Protect Yourself from This Serious Violation
The penalties for a Move Over Law ticket are substantial. You have a limited time to respond.
Do not accept a conviction that implies you endangered emergency workers without a strong defense. We can help you present your case.
If you have been ticketed for a Move Over Law violation, contact our office for a free and confidential case review. Call us at 516-888-3900. We will analyze the conditions of your stop and work to protect your driving record. Call today.