VTL § “1130 (1) “Driving Over Dividing Space”

Vehicle & Traffic Law § 1130-1 can also be described as “Driving Across or Within Divided Space Barrier of Divided Highway”. This statute pertains to the requirement that motorists stay out of the dividing area between the lanes of opposite traffic. Under such circumstances the motorist can also be charged with other violations such as Disobeying a Traffic Control Device (VTL 1110a) and Drove Across Hazard Markings (VTL 1128d). This is not a violation that is cited frequently. In our experience, this ticket was issued to motorists that pulled over to the left side instead of the right side. If convicted of VTL 1130(1) you will get two points on your driving record and expect to see increased vehicle insurance rates. The exact fine is up to the judge with the maximum at $150 plus an additional $93 mandatory state surcharge.

Full Text of the Statute (link)

Divided and controlled-access highways. 1. Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic-control devices or police officers. No vehicle shall be driven over, across, or within any such dividing space, barrier, or section, except through an opening in such physical barrier or dividing section or space or at a crossover or intersection, as established, unless specifically authorized by public authority.

Fighting a Traffic Ticket

New York State law allows lawyers to go to court in the place of their clients. The client/defendant would just have to sign a form authorizing their attorney to enter a plea on their behalf. This means you can get your charges dismissed or reduced without leaving your home or having to take off from work. When considering retaining a lawyer for your traffic ticket there are two important things to consider: (1) The percentage of the potential lawyers’ practice that is dedicated to Vehicle & Traffic Law. The number should be approximately 75%. (2) The location of the lawyer in proximity to the court that is adjudicating the case. Some courts are located in rural areas and it can be difficult to find a local attorney. If you got a ticket in a city, many local attorneys would be willing to take on your case.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office practices Vehicle & Traffic Law almost exclusively. For any traffic-related charges in New York, our team should be able to help. Our law office has seen much success fighting for our clients in many different courts throughout the state. We help clients in all New York regions: Western New York, Capital District, North Country, Central New York, New York City, Long Island, Mohawk Valley, Southern Tier, Finger Lakes, and Hudson Valley. For more information on how we can be of assistance you just have to get in touch with us. The team at the Benjamin Goldman Law Office is available via phone call, text message, email, or website submission. We provide all motorists with a free 10 minute consultation.

Fight a VTL § 1130(1) Ticket