Vehicle & Traffic Law § 1216 “Coasting on Downgrade (Neutral)”

VTL § 1216 prohibits motorists from putting their car in neutral while going downhill. The idea is perhaps to save on gas. However, putting the car in neutral has several risks. The car may rapidly gain speed while making it difficult to slow down quickly if needed. It can also cause loss of control, brake overheating, and obviously accidents. If you are convicted (with a guilty plea or after trial) you will get two points on your New York State driver’s license. The exact fine is up to the judge, with the maximum being $150 + $93 surcharge. With the violation appearing on your driving record, you can expect to see increased insurance premiums.

Text of Statute

The statute is one sentence and provides:

§ 1216. Coasting prohibited. The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears of such vehicle in neutral, nor with the clutch disengaged.

Disputing a VTL 1216 Ticket

A common misconception is that you can only plead Not Guilty if you believe the allegations are untrue. This is based on a misunderstanding of how the justice system works in the United States. Pleading “Not Guilty” does not mean you are claiming that the allegations are untrue. Rather, pleading “Not Guilty” means you are utilizing your Constitutional rights to require that the case against you be proven. There is nothing illegal or immoral to submitting a Not Guilty plea to a charge that you know is true.

In many instances, instead of going through the burden of proving the case, the government (i.e. prosecutor or officer) will present with you a plea bargain offer. The plea offer would eliminate or reduce the points. The plea offer will usually lower the fine as well. Most importantly the plea bargain disposition would minimize or eliminate the exposure to increased insurance premiums.

Retaining a traffic ticket attorney when facing traffic related charges is often a worthwhile investment. Firstly, the lawyer can file the Not Guilty plea in court and make any court appearances in your place. Secondly, a tough and experienced traffic lawyer puts you in the best position to obtain the most optimal result.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State traffic ticket law firm. Our law office can help with a ticket for violating VTL 1216. We welcome all traffic-related cases and will be glad to review and consider your case. The Benjamin Goldman Law Office helps motorists in all areas of New York State. Our firm takes on cases in Western New York, Southern Tier, Catskill Mountains, Hudson Valley, New York City, Long Island, Upstate New York, Capital District, North Country, Mohawk Valley, Central New York, and the Finger Lakes. The Benjamin Goldman Law Office provides all with free consultations. Contact us at your convenience and our team will review your case and let you know how we can be of assistance.

Fight a VTL § 1216 Ticket