VTL § 1144-a(c) “Failure to Move Over for Emergency Vehicle Displaying Blue or Green Lights.”

Vehicle & Traffic Law § 1144ac is part of the family of new laws regarding the requirement to move out of the right lane when there are vehicles on the right-hand shoulder. It first began with the requirement to move over for police vehicles (VTL 1144aa), then expanded to require a “move over” for tow trucks (VTL 1144ab). In VTL 1144ac the law is expanded to other emergency vehicles, including fire department and EMT. This specific statute is mostly obsolete for two reasons. One, all emergency vehicles were subsequently encompassed in VTL 1144aa. Two, a subsequent law (VTL 1144-ad), requires motorists to move for any vehicle. However, a motorist can still be charged under VTL 1144-a(c) and it would be an otherwise valid ticket. Pleading guilty to this violation will put two points on your driver’s license and incur a fine of up to $150 + $93 mandatory surcharge. The bigger cost is the increased insurance rates. Your car insurance company will likely increase your monthly premiums with such a violation appearing on your driving record.

Text of Statute

VTL § 1144a-(c) provides as follows:

Every operator of a motor vehicle shall exercise due care to avoid colliding with a vehicle displaying a blue light pursuant to the provisions of paragraph four or a green light pursuant to the provisions of paragraph five of subdivision forty-one of section three hundred seventy-five of this chapter which is parked, stopped or standing on the shoulder or any portion of such highway. For operators of motor vehicles on parkways or controlled access highways, such due care shall include, but not be limited to, moving from a lane which contains or is immediately adjacent to the shoulder where such vehicle displaying a blue light pursuant to the provisions of paragraph four or a green light pursuant to the provisions of paragraph five of subdivision forty-one of section three hundred seventy-five of this chapter is parked, stopped or standing to another lane, provided that such movement otherwise complies with the requirements of this chapter including, but not limited to, the provisions of sections eleven hundred ten and eleven hundred twenty-eight of this title.

Fighting a § 1144a-(c) Traffic Ticket

If you received such a ticket, you can dispute the charges whether they are true or not true. There is nothing unethical or illegal about submitting a Not Guilty to a traffic ticket even if the charges are true. Pleading Not Guilty simply means you are utilizing your civil liberties to require the “People” to prove their case. It does not mean you are denying the allegations. Most often, instead of going through the hassle of proving their case, the prosecutor will give you a plea offer. The plea offer would allow you to get the points and fine reduced. If handled properly, you may even be able to get the charges dropped entirely.

A traffic ticket attorney can help in two ways. One, an experienced traffic lawyer is in the best position to obtain the most optimal disposition. Two, they can file the Not Guilty plea for you in court and make any court appearances in your place.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a law firm that practices traffic ticket defense. We operate throughout New York State. Our firm helps motorists in the Catskills, Western New York, Hudson Valley, Long Island, North County, Southern Tier, Finger Lakes, New York City, Mohawk Valley, Central New York, and Capital District. Lawyers at the Benjamin Goldman Law Office are diligent and persistent in their quest to obtain the most optimal disposition for each case. We utilize all possible techniques and pursue all possible avenues in order to get the best possible result. The Benjamin Goldman Law Office will be glad to take on your 1144ac charges. Contact us at your convenience during regular business hours, whether by phone call, text message, or email. We look forward to working on your ticket.

Fight a VTL § 1144-a(c) Ticket