VTL § 1144(a) - Failed to Yield Right of Way to Emergency Vehicle

Not to be confused with VTL 1144a(a), “Failure To Move Over for an Emergency Vehicle

Vehicle & Traffic Law 1144(a) concerns the requirement to move out of the way when an emergency vehicle is behind your vehicle. A conviction will put three points on your driving record. The exact fine is determined by the judge with the maximum being $150 + $93 surcharge. The biggest cost however is the increased insurance rates. Typically, with a violation like this appearing on your record you can expect increases in your bi-annual premiums.

Confusion with VTL 1144aa, “Failure to Move Over”

This statute is often confused with 1144aa (this has one “a” as opposed to two) but they are two separate and distinct violations. 1144a is about the requirement to move out of the way with an emergency vehicle behind you while 11144aa is about the requirement to move over for an emergency vehicle parked on the side of the road. If you received a ticket that lists one statute but involved alleged facts of another statute, your ticket should be dismissed entirely. Many courts and officers confuse the violations, so this is a frequent occurrence.

Statute:

The following is the exact wording of the statute:

(a) "Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle other than a police vehicle or bicycle when operated as an authorized emergency vehicle, and when audible signals are sounded from any said vehicle by siren, exhaust whistle, bell, air-horn or electronic equivalent; the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to the right-hand edge or curb of the roadway, or to either edge of a one-way roadway three or more lanes in width, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer."

The statute is clear on the requirements of the driver. Specifically, how the motorist should act when yielding is not a simple task under the circumstances. Often police officers take the failure to move over as a sign of disrespect and take it personally.

Disputing a 1144A ticket

It is usually prudent to avoid having this violation on your driving record. Such tickets can be dismissed or reduced to parking tickets, thereby avoiding the increased insurance rates and blemish on the driving record. You can dispute the ticket even if the allegations are mostly true or entirely true. Pleading Not Guilty does not mean you are disputing facts. Pleading Not Guilty merely means you are requiring the “People” to prove their case. Often, instead of conducting a trial, the prosecutor is willing to negotiate. An attorney can go to court in your place and an experienced traffic ticket attorney is in the best position to get you the optimal disposition. For more information you can contact the team at the Benjamin Goldman Law Office.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a traffic ticket defense firm. We opened in 2011 and have been dedicated since then to helping motorists with traffic tickets in New York. Our firm helps clients in all areas of New York State including New York City, Long Island, Upstate New York, Capital District, Hudson Valley, Mohawk Valley, Catskills, North Country, Central New York, Western New York, and the Finger Lakes. Attorneys from our firm have experience handling most traffic-related charges. We have had success in getting 1144A charges thrown out or reduced to parking tickets. If you were charged with VTL 1144a, you can send the ticket to us for review. We provide motorists with free consultations.

Fight a VTL § 1144(a) Ticket