30 June, 2019 Vehicle & Traffic Law Section 1101 “Required Obedience to Traffic Laws”
The exact wording is as follows:
1101. Required obedience to traffic laws. It is unlawful and, unless
otherwise declared in this title with respect to particular offenses, it
is a traffic infraction for any person to do any act forbidden or fail
to perform any act required in this title.
This is a very strange section of the law and is rarely charged. The position of the Department of Motor Vehicles (DMV) is that this “definitional in nature -- that is, it describes what constitutes a violation of the rules of the road but is not in and of itself a violation of those rules.” See Opinion of Counsel #1-2010.
The DMV does not record this “violation” on a driving record and does not associate any points to this charge. The position of the DMV is that this is not appropriate for a police officer to issue a ticket for this violation or for a court to reduce an offense to this violation. Nevertheless these do pop every once in a while. If you received a ticket charging this violation it is not worth fighting it as it is for all practical purposes a parking ticket. It does not have points and does not go on a driving record. If the prosecutor offers to reduce a speeding ticket or another violation to VTL 1101 it is a good deal and you should probably take it. Yonkers City Court is one such court that still uses this a plea offer to ticket with points.
Sometimes this gets confused with VTL 1110a – “Disobeying a Traffic Control Device. This is a violation that is often ticketed by police officers and likewise is often a plea offer from a prosecutor. This violation appears on your driving record and carries two points. Therefore it is something you should consider fighting if possible.
For any further queries please free to contact the Benjamin Goldman Law Office. Our firm offers a free ten-minute consultation.
By: Benjamin Goldman Law Office 189 Southwoods Drive Monticello, NY 12701 (845) 391-3615 http://www.upstatenewyorktickets.com .