Move Over Law in NY | VTL 1144-a

by Adam Rosenblum

On January 1, 2011, the New York Move Over Law was expanded. It now requires drivers to slow down and move over for not only police and emergency vehicles but also “hazard vehicles” like tow trucks that display amber lights.

Have a question about your Move Over Law ticket? Call 888-883-5529 to speak to an attorney now or post a comment at the bottom of this page and we will get back to you as soon as we can.

Background Information

The offense is called “failing to move over for emergency vehicles and hazard vehicles” and is codified in VTL 1144-a.

What New York drivers really need to know is if you are in an adjacent lane, you too must move over. Failing to do this, even from an adjacent lane could result in a violation of VTL 1144-a.

In a recent televised interview, a New York State Police sergeant said they were enforcing the law “vigorously” and had issued hundreds of tickets from January to the present time.

The New York Move Over Law (VTL 1144-a) is considered a moving violation that is punishable by 3 points on your license and a fine of up to $275. Often (but not always), a driver who is stopped and ticketed for this will also be hit with other tickets such as:

  • Failure to Yield the Right of Way (3 Points)
  • Improper Passing (3 Points)
  • Unsafe Lane Change (3 Points)
  • Reckless Driving (5 Points)
  • Speeding (3-11 points depending on the speed)

Remember, receiving 6 points within 18 months will require you to pay an additional fine called a “Driver Responsibility Assessment” and racking up 11 points within 18 months will result in the New York Department of Motor Vehicles (DMV) suspending your license.

CLICK HERE - Official Text of New York's Move-Over Law

Official Text of the Move-Over Law

New York Vehicle and Traffic Law (VTL) 1144-a.

Operation of vehicles when approaching a parked, stopped or standing authorized emergency vehicle. Every operator of a motor vehicle shall exercise due care to avoid colliding with an authorized emergency vehicle which is parked, stopped or standing on the shoulder or any portion of such highway and such authorized emergency vehicle is displaying one or more red or combination red and white lights pursuant to the provisions of paragraph two of subdivision forty-one of section three hundred seventy-five of this chapter. For operators of motor vehicles on parkways or controlled access highways, such due care shall include, but not be limited to, moving from a lane which contains or is immediately adjacent to the shoulder where such authorized emergency vehicle displaying one or more red or combination red and white lights pursuant to the provisions of paragraph two of subdivision forty-one of section three hundred seventy-five of this chapter is parked, stopped or standing to another lane, provided that such movement otherwise complies with the requirements of this chapter including, but not limited to, the provisions of sections eleven hundred ten of this title and eleven hundred twenty-eight of this title.

 

Common Defenses to VTL 1144-a, The Move Over Law

There are a couple solid defenses that a skilled attorney can use to help you get out of a move over law ticket.

First, NY law prohibits a driver from moving over or changing lanes unless he or she first finds it safe to do so. Consequently, your first line of defense against a move over law ticket is to cite NY VTL 1128, which expresses this idea, and to explain how and why moving over would have been unsafe for you to do.

Remember, the wording of the lane change law (NY VTL 1128) reveals that the burden is on you as the driver to determine whether it would be safe to change lanes or not. In other words, this is not an objective standard that can be evaluated by the officer looking to what an objectively reasonable and prudent person would have done. This subjectivity gives you the upper hand and makes it harder for a prosecutor to say it would have been reasonable to move over.

Additionally, if it would have been safe for you to move over, but you simply did not have enough time to do so, then you can raise that as a defense against a move over law ticket. This too requires your lawyer to cite and explain NY VTL 1128.

Second, if moving over would have forced you to cross over a double yellow line, then you cannot have been expected to do so and your ticket will not stand. After all, NY VTL 1110 requires you to obey traffic control devices. These include the laws pertaining to road markings, signs, and road lines.

Ultimately, these two statutes, NY VTL 1128 and NY VTL 1110, can be your strongest arguments to use against a NY move over law ticket.

Case Law Analysis

Recently, in Despian v. Garcia, the Supreme Court of New York heard a case involving a Honda minivan and two police cars that were involved in a collision. The driver of the Honda minivan struck one of the patrol cars, which caused the patrol car to spin out of control and collide with a nearby unmarked police vehicle.

Although the court was mostly dealing with a civil case of negligence, the court in dicta brought forth an interesting piece of information concerning the NY Move Over Law.

Toward the end of the opinion, and after quoting the Move Over Law in full, the court explained that the driver “has not submitted any evidence that he took any of the actions required by section 1144, when he admittedly heard the siren and saw the lights of the approaching emergency vehicle.” Despian v. Garcia, 2013 NY Slip Op 30520 – NY: Supreme Court 2013.

Afterward, the court ruled that the driver’s failure to bring forth this evidence showed that he could have been negligent in his actions.

For you as a NY driver this is important. According to this case, if you fail to obey the Move Over Law, a court can find you negligent. After all, failing to adhere to a traffic law could be grounds for the breach of a duty that you owed to other drivers. Presuming you caused damage or an injury to another person, you very well—like the driver in Despian—might be negligent.

What does this mean for you? Be careful! If you get a ticket for violating the VTL 1144, it is absolutely vital for you to: 1) provide concrete evidence of how you, in actuality, complied with the statute (i.e. you did move over at the right time) or 2) provide a good defense for why it would have been dangerous or even unlawful for you to move over.

Despian is a clarion call for all NY drivers. It not only warns us that our violation of the Move Over law can be enough to keep a negligence lawsuit against alive, but also that traffic ticket violations can be used against us in a different legal arena entirely: civil negligence cases.

Who Should You Contact?

If you recently received a New York traffic ticket, contact Adam H. Rosenblum of The Rosenblum Law Firm. Mr. Rosenblum has years of experience fighting traffic tickets, negotiating with prosecutors, and getting the results you are looking for. E-mail or call him today at 888-883-5529.

20 thoughts on “Move Over Law in NY | VTL 1144-a

  1. I got ticket 1144-AA for the move over law on 5th September 2016 . I was on my way to Niagra. I am from Connecticut and I have not seen this law being applied ever. On my way back I noticed multiple cases of police car on shoulder with another car but no car moved over . After my ticket I researched and found although this law is present for few years ,it has been implemented since march 2016 and its not that stringent either. There may be a few cases on this .
    On the day of the incident , I remember slowing down – I was on 40mph on Highway 4. This is more to take care of standing vehicles on shoulder. I have never received a ticket in my 2 years of driving in US. I am not sure what to do . I wish to plead not guilty, but I am concerned, about court representation , attorney fees, final possible penalty in $ and points… Please help

    PC on
    • PC – we would be happy to help you contest this ticket – but would like to discuss the potential consequences with you. You may reach us for a free consultation at 888-883-5529.

      RLF Attorneys on
  2. This happened in New York flushing around 7pm.

    I received a ticket of 1144a which is shown as “Fail to yield to Emergency Vehicle” along with another ticket coded 1110A for “Disobey Traffic Device Sign”

    I know that i violated 1110A because I turned right on a street which i shouldn’t do between 7am – 9pm (Cop told me). As a new driver, i might made a mistake of missing out such sign that i can’t turn within a time. So i accepted this. So after i turned right, i kept driving as usual. And suddenly saw a cop behind me, of course i pulled over my car. But the cop ended up told me that he was already behind me for two blocks. I didn’t hear the sirens and didn’t see the lighting. A possible reason is because i have a music on (not too loud) and i was really focus just looking in the front driving. It was a bright sunny day as well.

    I suddenly got two tickets just because i turned right. Is there a way that i can possibly fight for 1144a “Fail to yield to Emergency Vehicle”? Because 1144a is actually “Failure to Yield Right of Way at Intersection” but i wasn’t even going into a intersection or anything, it was just straight in a very very crowded place (many cars, people and traffic). I haven’t gotten any tickets or point records in my license. but these two tickets can add up at least 5 points. I really want to do something for this. Because i didn’t mean to ignore cop and not pulled over or move over. It just happened that way, and the cop could’ve just warned me to pay more attention next time. I really want to know a good way to fight for 1144a for my instance. The fines are also extremely high for students. Thank you.

    Alex Lin on
    • The offense is called “failing to move over for emergency vehicles and hazard vehicles” and is codified in VTL 1144-a.
      What New York drivers really need to know is if you are in an adjacent lane, you too must move over. Failing to do this, even from an adjacent lane could result in a violation of VTL 1144-a. 1144a is considered a moving violation that is punishable by 3 points on your license and a fine of up to $275. The total fine for disobeying a traffic control device violation in New York is $235.00 and 2 points on your driving record. A total of 5 points on your driving record is likely to cause a substantial increase in your car insurance premiums. We have extensive trial experience at handling matters just like yours. Please feel free to call or email so we can discuss your options in more detail.

      The Rosenblum Law Firm
      888-883-5529

      Adam Rosenblum on
  3. I was in the same sort of situation. I always try to pull over in such situations but I got a ticket this May. When I saw the police lights I started looking in my left lane, but it was occupied and the driver was going the same speed as me. There were a lot of other cars in my lane and the passing lane. I was stopped and the policeman admitted that there was a car in my lane but he still gave me the ticket. I read the law and it said to change lanes if it was safe, which it was not.

    Joe Weber on
  4. I received a vtl1144-aa in Oswego county. I’m from Illinois and was up at Fort Drum on a work assignment. Was heading back to Syracuse to fly to Chicago. Do you work cases in Parish, NY.?

    Marc Miller on
    • Yes, we handle traffic matters in Parish, New York. The ticket you received is called “failing to move over for emergency vehicles and hazard vehicles.” This offense is considered a moving violation that is punishable by 3 points on your license and a fine of up to $275. Once you retain an attorney you would not have to make any court appearances. Please feel free to contact one of our attorneys at the number below to discuss your options in more detail.

      The Rosenblum Law Firm
      888-883-5529

      Adam Rosenblum on
  5. Last night I was given a ticket for failing to move to the center lane. A police officer and another vehicle were moving on the shoulder of the road. The police officer stated I didn’t even slow up..possibly sped up. I did in order to let them merge after I passed. The law states I believe only if the emergency vehicles are stopped. They werent. Should I plead not guilty? I have a clean record.

    Catherine on
    • Hi Catherine, you are currently looking at a 3 point ticket with a maximum court fine of $275. Please contact us for a free consultation if you have any questions or concerns about having the ticket reduced. We could be reached at 888-883-5529.

      Adam Rosenblum on
  6. Hey I got a ticket 1:00 am the police car was standing right side on the high way with other car police officer is giving the ticket to other driver I was driving in middle line officer flash light to stop me he came and said why your changing the line you can’t see emergency light i was not in speed and he gave me ticket section 1144 a what should I do how much fine will be and is there any points

    Liaqat afzal on
    • Hi Liaqat, you are currently looking at a 3 point ticket with a maximum fine of $275. If you would like to find out more information about having your ticket reduced to minimum penalties, please contact our office for a free consultation at 888-883-5529.

      Adam Rosenblum on
  7. Hi
    I got ticket today for not moving over for an emergency vahicle …I got ticket in Florida, but my license from New York ….I want know how much fine & how many point I loss ?
    Thanks

    Lucky on
  8. Hello,
    I got a ticket yesterday for not moving over for an emergency vehicle (police had another car pulled over). I didn’t change lanes because someone was coming up on my left. The officer put in the report “when told the reason for stop stated – you know, I thought of that. but there was a car coming up next tome and I didn’t want to cut him off. I didn’t see you in time”. I didn’t say “I didn’t see you in time”, I said “I didn’t think it was safe”. What would it cost to fight this ticket?

    Amanda on
  9. Hi I got pulled over at 2 am with one friend in my car we were coming down a hill and it looked as if the cars were waiting like normal until we got close so I moved over and Iater got pulled over for the move over ticket…but the cop didn’t have lights on so I couldn’t see that until I got close enough and got over should I get an attorney because he didn’t have his lights on?

    Sarina on
  10. Hi Rabbi,
    I am a former President of a synagogue in Mt. Vernon, NY and an educator with the public schools for over 40 years. Yesterday I was driving to a meeting in Albany when I received a ticket for this ‘move over law.’ What happened is that the cop was on the right shoulder with another car he had pulled over.

    Jennifer Schulman, Ed.D on

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