Vehicle & Traffic Law § 1225-A, “Driving on Sidewalk”

Driving on a sidewalk is permitted. In fact, motorists with a driveway do it every day. When you turn from the street into the driveway you are driving on a sidewalk. But when a motorist is driving on the sidewalk, they are required to ensure the safety of pedestrians and cannot exceed a speed limit of 5 miles per hour. The alleged failure to do as much can result in a ticket for violation VTL § 1225-a. Pleading guilty or being found guilty of this violation will put 2 points on your New York State driving record. The violation will remain on the record for 3-4 years after the conviction. The exact fine is up to the judge with the maximum being $150 + $93 surcharge for a first-time offense. Such a violation on your record will undoubtedly cause increased insurance rates, which would be more costly than the fine for the violation.

Law

The text of the statute provides:

§ 1225-a. Driving on sidewalks. No person shall drive a motor vehicle on or across a sidewalk, except that a vehicle may be driven at a reasonable speed, but not more than five miles per hour, on or across a sidewalk in such manner as not to interfere with the safety and passage of pedestrians thereon, who shall have the right of way, when it is reasonable and necessary:

(a) to gain access to a public highway, private way or lands or buildings adjacent to such highway or way;

(b) in the conduct of work upon a highway, or upon a private way or lands or buildings adjacent to such highway or way, or

(c) to plow snow or perform any other public service, for hire, or otherwise, which could not otherwise be reasonably and properly performed.

Fighting a 1225-A Ticket

It is not illegal or immoral to plead Not Guilty to this violation even if in fact you were driving on the sidewalk in an illegal manner. Contrary to popular belief, a Not Guilty plea does not mean you are claiming that the allegations in the ticket are false. Rather, pleading Not Guilty means that you are utilizing your civil liberties to require that the officer prove the charges. Any motorist that receives a traffic ticket can fight the ticket regardless of whether the charges are true, false, partially true, or partially false.

In New York State, motorists can retain an attorney to handle their traffic ticket from A to Z. This means your lawyer can file the Not Guilty plea for you and make any necessary court appearances in your place. You can get the charges dismissed or reduced without leaving your home or taking time off from work. For more detailed information, you can contact the attorneys at the Benjamin Goldman Law Office.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a law firm that practices New York Traffic Law. Our firm should be able to help with any traffic-related charges issued in any New York jurisdiction. We help clients in New York City, North Country, Thousand Islands, Mohawk Valley, Capital District, Central New York, Catskill Mountains, Southern Tier, Upstate New York, Long Island, Western New York, Finger Lakes, and the Hudson Valley. For more detailed information, our team is available during regular business. We can be reached by phone call, text message, website submission, or email. Consultations are free.

Fight a VTL § 1225-a Ticket