VTL § 1146(a) “Failed to use due Care for Bike/Pedestrian or Animal”

Vehicle & Traffic Law § 1146(a) makes it a violation to not exercise “due care” around pedestrians, cyclists, or farm animals. You can be charged with this violation even if you are not breaking any other traffic law. There is an additional onus to make sure you do not cause harm and a failure to avoid causing harm can result in this traffic ticket. This traffic ticket is often given at an accident, where the ticketing officer has probable cause to believe that the motorist could have avoided the accident. A conviction of this violation, whether after trial or by guilty plea or, will result in two points on your driver’s license and a maximum fine of $243 for a first-time offense. The biggest cost however will likely be your vehicle insurance. With this violation appearing on your record, especially in conjunction with an accident, you can expect to see increased insurance rates.

Text of Statute

This statute reads as follows:

Notwithstanding the provisions of any other law to the contrary, every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist, pedestrian, or domestic animal upon any roadway and shall give warning by sounding the horn when necessary. For the purposes of this section, the term "domestic animal" shall mean domesticated sheep, cattle, and goats which are under the supervision and control of a pedestrian.

Fighting a § 1146(a) Ticket

It is not unethical or illegal to plead Not Guilty to this violation even if you failed to exercise due care. This is because a Not Guilty plea does not mean you are claiming that the ticketing officer was mistaken or lying. A Not Guilty plea merely means that you are utilizing your constitutional rights to require that the government prove the charges. Any motorist facing traffic related charges can fight the ticket whether they are accurate or inaccurate.

In New York State, motorists can hire an attorney to handle their traffic ticket in its entirety. This means your lawyer can file the Not Guilty plea for you and then make any necessary court appearances in your place . The charges can get reduced or dismissed without you having to take time off from work or even leave your house. For more detailed information, you can contact the team at the Benjamin Goldman Law Office PC. Consultations are complimentary.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office practices Traffic Law in New York State. Our team should be able to help with any traffic-related charges. We have seen much success fighting for our clients in many different courts. We help motorists in all New York regions: Catskills, Hudson Valley, Southern Tier, Finger Lakes, New York City, Central New York, Long Island, North Country, Western New York, Capital District, and Mohawk Valley. You can contact us during regular business hours to discuss your 1146(a) ticket. We will be glad to review the circumstances leading up to the issuance of the ticket and advise on how we can help. The Benjamin Goldman Law Office provides all motorists with a free consultation. We can be reached by phone call, text message, email, or website submission. Our team looks forward to working with you to fight your ticket.

Fight a VTL § 1146(a) Ticket