VTL § 1122(a) “Passed on Right”
Not to be confused with VTL §1122-a “Overtaking a Bicycle”
VTL § 1122(a) can be described as “Failed to Allow Room to Passed Motor Vehicle” or “Passed on Right”. A citation for this violation can be issued when the ticketing officer has probable cause to believe that a motorist improperly passed another car. Two scenarios give rise to this ticket (1) when you pass the motorist on their right side instead of their left side or (2) you merge back into the lane right after passing and not leaving sufficient room between you and the car you just passed.
Under the alleged circumstances, the motorist can also be cited with Disobeying a Traffic Control Device (VTL 1110-a), Unsafe Lane Change (VTL 1128-a), and Moved From Lane Unsafely (VTL 1128-a), among other statutes. Being found guilty or pleading guilty to this violation will put three points on your driving abstract. The violation will come off your standard driving record after approximately 3-4 years. Having this violation on your driving record typically causes increased insurance rates, which would be much costlier than the fine paid to the court. The judge determines the exact fine, with the maximum being $150 + $93 NYS surcharge for a first-time offense.
Text of the statute
The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
Disputing a 1122(a) Ticket
In New York State, motorists can retain a law firm to handle their traffic ticket in its entirety. This means the law firm can file the Not Guilty plea for you and your attorney can make any necessary court appearances in your place. You can get the violation dismissed or reduced without leaving your home or your work. For more detailed information, you can contact the team at the Benjamin Goldman Law Office. Consultations are free.
It is not unethical or illegal to plead Not Guilty to a traffic ticket. Pleading “not guilty” does not mean you are claiming that the ticketing officer was lying or was mistaken. Pleading “not guilty” merely means that you are utilizing your rights to require that the ticketing officer prove the charges. You can file a “not guilty” plea whether the charges are true, false, partially true, or partially false.
Benjamin Goldman Law Office
The Benjamin Goldman Law Office is a law firm that practices Traffic Law. Our firm should be able to help with any traffic-related charges issued in any New York jurisdiction. We have experience fighting this particular violation. Attorneys from our firm have been able to get 1122(a) tickets dismissed or reduced to parking tickets in many courts, including Woodbury, NCTPVA, Thompson, Wallkill, Hancock, Rockland, Liberty, Newburgh, and Greenburgh. Our team will be glad to take on your case. For more information, feel free to get in touch with us. We are available to answer or reply during regular business. Consultations are free.