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In the United States, each state has its own unique set of laws, making it difficult to keep up with everything. One law that seems to get a lot of confusion is New York’s Move Over Law, which we’re here to clear up.
We’ll explain what it is and how you can defend yourself from a failure to move over ticket.
What is the Move Over Law in New York?
Coded in Article 26 of The Laws of New York as VTL 1144-A (a), the Move Over Law states that drivers must get out of the way when hazard vehicles in action are approaching. It’s a common misperception that drivers only need to scoot over to the right but, it’s actually both sides of the road, choosing the one that is nearest and poses the least amount of risk.
The idea behind the Move Over Law is to keep the roads safe and allow emergency vehicles to pass through with ease when they are in a rush. There are several emergency vehicles out there, and this law applies to them all.
What Are the Penalties for NY’s Move Over Law?
Due to the fact that it’s a recognized law in the state of New York, drivers could face consequences if they do not abide by this law, which could include:
● Fines
These can be hefty and come with a price tag up to $150 for your first offense.
● Points
New York’s point system will add two points to your driving record if you do not obey the Move Over law.
● Surcharges
In addition to fines, you are responsible to pay for surcharges, which could either be $88 or $93.
● DRA fees
Driver Responsibility Assessment is something that drivers that violate the Move Over law may be subject to pay. The normal method and amount of payment are $100 per year for three years.
● Auto insurance increases
With every violation, drivers in New York are at risk for increased auto insurance rates.
Common Defenses to The Move Over Law
If you’re pulled over due to a Move Over violation in New York, you have options to use in your defense. You’ll have to do much better than “I didn’t know.” If you’re looking for a quick defense, you could try out any of the following:
Asking for a warning
Many times being polite and asking for a warning can get you out of a ticket. However, this is up to the officer’s discretion so make sure you make the officer feel safe and respected.
Explain your Actions
Sometimes, you can’t abide by the Move Over law due to other safety hazards. Maybe there was another car on your side or maybe you were coming to an intersection or turning lane. Explain your thinking for a solid defense.
Challenge the Officer
When you get pulled over, you have the legal right to question the reason why. Politely and patiently ask the officer and challenge them, attempting to explain that you did not fail to get out of the way. Be careful with this one and make sure that you’re being polite, respectful, and patient.
What Vehicles Do You Have to Move Over for Under VTL 1144-a(a)?
A lot of drivers think that it’s just police cars and ambulances that you need to move out of the way for. That’s why you need to know the laws if you’re driving through New York, avoiding any issues with traffic violations or penalties. Vehicles you need to move over for include:
– Police cars
– Fire trucks
– Ambulances
– Tow trucks
– Construction vehicles
– Garbage trucks
All of these have lights that flash though they are different colors. Familiarize yourself with them to avoid issues if you fail to move over.
Do I Have to Move Over If the Vehicle Does Not Have Its Emergency Lights On?
The Move Over law only applies to emergency vehicles that have their emergency lights on and flashing. In addition, it’s only if you see the emergency vehicle and they are headed in the same direction as you.
To move over, you shouldn’t just switch lanes but move all the way to one side or another to avoid any accidents or penalties in the process. If an officer is around and sees that you did not move over in a timely manner, failure to do so could result in a penalty.
Using Appwinit to Fight a Move Over Law Ticket
Starting the process of fighting a ticket you received due to the Move Over Law can be time-consuming and a bit confusing. Instead of having to figure out the steps, find where to turn things in, and how to file a dispute, you could leave it to The WinIt app.
With help from the WinIt app, you could be on your way to disputing your failure to move over ticket in three easy steps.
1. Download the app
The first step is simple enough. Just download our app. The great thing about the Winit app is that you can use it to fight all your future parking and speeding tickets.
2. Choose a lawyer
Using our proprietary technology, we will match you to a lawyer that is an expert in handling move over law violations.
3. Upload evidence and relax
The final step is to give your lawyer any evidence that he will need to fight the ticket. After that you will be able to relax and let him take care of the rest.
Watch Out for Emergencies
Each state in the US has a different set of laws and regulations when it comes to being on the road. New York drivers should keep their eyes peeled for emergency vehicles and know what qualifies as an emergency vehicle. While you might be able to talk your way out of it, Move Over violations come with fines that are typically difficult to shake.
Instead of fighting the ticket yourself, use the WinIt app. You won’t have to pay extra for using the service and could possibly get your penalties waived if you have sufficient evidence.
