VTL § 1173 “Failed to Stop Emerging From Alley/Driveway, Etc.”

Vehicle & Traffic Law § 1173 is a violation that is cited infrequently. A citation for this violation can be issued when the ticketing officer has probable cause to believe that a motorist emerging from a driveway (or similar) did not make a full stop before crossing the sidewalk or entering the roadway. Being found guilty or pleading guilty to this charge will put two points on your New York State driving record. The violation will remain on your driving abstract for approximately 3-4 years after the conviction. Such a violation on your record typically causes increased insurance rates, which would be greater than the fine for the violation. The exact fine is determined by the judge with the maximum being $150 + $93 mandatory state surcharge for a first-time offense.

Exact Text of the Statute

§ 1173. Emerging from alley, driveway, private road or building. The driver of a vehicle emerging from an alley, driveway, private road or building shall stop such vehicle immediately prior to driving onto a sidewalk extending across any alleyway, building entrance, road or driveway, or in the event there is no sidewalk, shall stop at the point nearest the roadway to be entered where the driver has a view of approaching traffic thereon.

Fighting an 1173 Traffic Ticket

It is not illegal or unethical to plead Not Guilty to an 1173 ticket even if you failed to stop. Contrary to common misconception, a Not Guilty plea does not mean you are claiming that the ticketing officer was mistaken or lying. Pleading Not Guilty merely means that you are utilizing your civil liberties and are requiring that the ticketing officer prove the case. Motorists that receive a traffic ticket can fight the charges regardless of whether the allegations are true, false, partially true, or partially false.

In New York State, motorists can retain counsel to handle their traffic ticket from A to Z. This means your lawyer can file the Not Guilty plea for you and make any necessary court appearances in your place. The charges can be reduced or dismissed without the motorist having to leave work or home. For more detailed information, you can contact the team at the Benjamin Goldman Law Office. Consultations are free.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a law firm that practices Vehicle & Traffic Law. Our firm litigates all types of traffic-related charges. We help clients in the following regions: Western New York, Finger Lakes, Central New York, Southern Tier, Catskills, Mohawk Valley, Hudson Valley, Capital District , North Country, New York City, and Long Island. The team at the Benjamin Goldman Law Office is confident it can help with your VTL 1173 traffic ticket. For more information, we are available during regular business hours. Our team can be reached by website submission, phone call, text message, or email.

Fight a VTL § 1173 Ticket