Move Over Tickets

If you have received a ticket for failing to move over anywhere in New York, you are at the right place to find help. In most cases, you do not even have to take a day off from work to show up in court.

The Move Over law was enacted on January 1, 2011.  The purpose of this law is to ensure the safety of police officers and other emergency workers stopped on the side of the roads.  This law requires motorists to move over or slow down and use extreme caution when passing an emergency vehicle. New York drivers need to remember that this law applies not only if you’re in the same lane as an emergency vehicle but also if you’re in an adjacent lane.   New York State Police enforce this law very aggressively.

If you plead guilty to a Move Over Ticket, most likely your insurance premium will increase. Insurance companies use their own criteria to determine your premiums; chances are you will see a rate hike that lasts as long as three years. Additionally, even if you only have one moving violation currently on your license, they may raise your premiums even further. You may find yourself having to spend time shopping for a new auto insurance company. Your rates are still likely to go up considerably, but you may save money by switching insurers. Your valuable time may be better spent fighting the ticket and avoiding increased insurance costs altogether.

Generally in NYS a first time move over ticket results in 3 (Three) points and afine of up to $275.As we explained above that your insurance company might raise your rates based on a move over ticket.  An officer may even issue additional tickets if he’s giving pulled you over for failing to move over.  The additional tickets may consist of speeding, failure to yield the right of way, improper passing, unsafe lane change, and reckless driving.  This means that the number of points on your license can quickly add up and remember, if you receive 6 or more points within 18 months you will be required to pay an additional “Driver Responsibility Assessment” fine.

Under NY VTL § 1144-a,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 pursuant to the provisions of paragraph two of subdivision forty-one of section three hundred seventy-five of this chapter or is displaying one or more blue, combination blue and red or combination blue, red and white lights pursuant to the provisions of subparagraph b of paragraph four of subdivision forty-one of section three hundred seventy-five of this chapter. For operators of motor vehicles on parkways or controlled access highways, such due care shall include, but not be limited to, moving from a lane which contains or is immediately adjacent to the shoulder where such authorized emergency vehicle displaying one or more red, blue or white or any combination of red and white lights or blue or combination blue and red or combination blue, red and white lights pursuant to the provisions of paragraph two or subparagraph b of paragraph four, as applicable of subdivision forty-one of section three hundred seventy-five of this chapter is parked, stopped or standing to another lane, provided that such movement otherwise complies with the requirements of this chapter including, but not limited to, the provisions of sections eleven hundred ten of this title and eleven hundred twenty-eight of this title.

The move over law is written is such a way that it leaves open numerous defenses.  The best defense to this violation is that a driver should move over if it’s safe to do so, as cited in NY VTL 1128.  This is a subjective test, meaning if you as a driver thought it would be unsafe to move over then you are not obligated to do so.  Simply put, it makes it much harder for a prosecutor to prove that it was reasonable for you to move over.  In addition, if it was safe for you to move over but you simply did not have enough time to do so, then you have another valid defense.

Many drivers are unsure if it’s really worth hiring an attorney to defend them, as it may seem cheaper and easier to just check the “guilty” box on the ticket and mail it in with the fine.  However, keep in mind the long-term consequences of having points added to your driving history and increased insurance premiums.With one quick phone call, our lawyers can perform a quick cost-benefit analysis to help determine whether it makes sense for you to fight the ticket.  Our goal is to get your move over ticket dropped or negotiated down to a non-moving violation so as to have the least possible effect on your driving history.  Even though a non-moving violation will still be assessed a fine, it is still a better option than having points accrue on your driving record.