VTL 1251(b), “Riding sidesaddle/not on seat (motorcycle)”

“Riding sidesaddle” is where the motorcyclist or a passenger on the motorcycle sits on one side of the seat with both legs dangling down, rather than sitting astride. See YouTube video for example. The dangers of riding as much are obvious and are thus prohibited by VTL § 1251-b. If you are convicted (whether with a guilty plea or after trial) of Riding Sidesaddle you will get two points on your New York State driving record. The exact fine is up to the judge, with the maximum being $150 + $93 surcharge. In city courts, there are different fine amounts. With the violation appearing on your driving record, you can expect to see an increase in insurance premiums.

Statute

The entire statute is one sentence and provides:

(b) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle, unless said person is seated in a sidecar affixed to said motorcycle.

Disputing a 1251(b) Ticket

A common misconception is that a ticketed motorist can only plead Not Guilty if they believe the allegations are untrue. This is a fundamental misunderstanding of how our justice system works. Pleading “Not Guilty” does not mean you are making any factual claims. Rather, pleading “Not Guilty” means you are utilizing your Constitutional rights to require the police officers to prove the case. It is not immoral or unethical to file a Not Guilty plea to a charge that may be entirely correct.

In many instances, instead of a prosecutor or police officer going through the burden of proving the case, they will present you with a plea offer. Generally, the plea offer would modify the violation, thereby reducing or eliminating the points. It would usually lower the total fine as well. Most importantly, the modification would minimize or eliminate the exposure to increased insurance rates.

Retaining a traffic ticket attorney when facing traffic related charges is often a worthwhile investment. Firstly, your lawyer can submit the Not Guilty plea in court and make any necessary court appearances in your place. Secondly, an experienced and zealous traffic ticket lawyer puts you in the best position to obtain the most optimal result. Thus, there is a strong likelihood you can avoid the points on your record without leaving your home or taking off from employment. To find out more information, you can contact the team at the Benjamin Goldman Law Office.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State traffic ticket law firm. Our law office can help with a ticket for VTL 1251B. We have experience with most types of traffic-related charges. The team at the Benjamin Goldman Law Office takes on cases all over New York State. Besides Long Island and New York City, our law office handles traffic tickets in the Finger Lakes, Central New York, Hudson Valley, Western New York, Catskill Mountains, Capital District, Mohawk Valley, and the Southern Tier region. We welcome all traffic-related charges and will be glad to review and consider your case. The Benjamin Goldman Law Office provides all motorists with a free consultation.

Fight a VTL § 1251(b) Ticket