VTL § 1146(b), “Caused Physical Injury by Failing to use due Care”

Vehicle & Traffic Law § 1146(a) concerns the failure to exercise due care around pedestrians or bicyclists. Vehicle & Traffic Law § 1146 (b) concerns incidents when the failure to exercise due care resulted in an injury to a pedestrian or a bicyclist. The points remain the same – two. However, the possible fine increases to $500 + mandatory surcharge. Furthermore, two such incidents in five years turn the second incident into a misdemeanor criminal charge. The second incident increases the possible fines to $1000 + surcharge. Most importantly a second conviction results in a permanent criminal record and possible jail time.

Statute

The Statute provides:

1. A driver of a motor vehicle who causes physical injury as defined in article ten of the penal law to a pedestrian or bicyclist while failing to exercise due care in violation of subdivision (a) of this section, shall be guilty of a traffic infraction punishable by a fine of not more than five hundred dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment.

2. If such driver of a motor vehicle causes physical injury while failing to exercise due care in violation of subdivision (a) of this section, then there shall be a rebuttable presumption that, as a result of such failure to exercise due care, such person operated the motor vehicle in a manner that caused such physical injury.

(d) A violation of subdivision (b) …. of this section committed by a person who has previously been convicted of any violation of such subdivisions within the preceding five years, shall constitute a class B misdemeanor punishable by a fine of not more than one thousand dollars in addition to any other penalties provided by law.

Fighting VTL § 1146(b) Charges

It is imperative that such charges be handled properly. A conviction of this violation will result in points, and more importantly, serious increases in insurance rates. You would also be at risk of criminal charges, as outlined above. However, on the other hand, such charges can be dismissed if defended well. Most such allegations arise from officers’ that do not have firsthand knowledge of the alleged failure to utilize due care. The best attorney to handle such a ticket is one that practices traffic law exclusively. Such an attorney is in the best position to fight the ticket.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. We operate state-wide, helping clients in Western New York, North County, Finger Lakes, Central New York, Mohawk Valley, Catskills, Capital District, Southern Tier, Hudson Valley, New York City, and Long Island. Our team takes on all kinds of traffic-related charges, from simple speeding tickets to complex criminal issues. The attorneys at the Benjamin Goldman Law Office like to be known for their diligence and zealous advocacy. We do not rest until we are confident that we obtained the most optimal disposition that is available under the circumstances. The many five star reviews our firm has received are a testament to the efforts we put into each case. The Benjamin Goldman Law Office has been dedicated to Traffic Law since 2011. We have extensive experience handling all kinds of traffic related charges. We are confident that your § 1146(b) ticket is in good hands with our team. Reach out to discuss your case at your convenience. Consultations are complimentary.

Fight a VTL § 1146(b) Ticket