Move Over Violation Defense

When you’re facing a Move Over Law violation in New York, the consequences can be severe – from hefty fines to points on your license that could lead to suspension. At The Law Office of Craig Bondy, we understand how these charges can impact your driving record and insurance rates. With years of experience defending drivers against Move Over Law violations across New York, we know that many of these tickets are issued in complex traffic situations where compliance wasn’t practical or safe. Our attorneys have successfully helped numerous clients fight these violations, often getting charges reduced or dismissed entirely.

What Is New York’s Move Over Law?

New York’s Move Over Law (VTL 1144-a) is designed to protect emergency workers, law enforcement officers, and maintenance personnel who must work on our state’s highways and roads. The law requires drivers to exercise due care by moving over to an adjacent lane when approaching stopped emergency vehicles, tow trucks, maintenance vehicles, or hazard vehicles displaying flashing lights. When changing lanes isn’t possible, drivers must significantly reduce their speed.

The scope of this law has expanded since its initial implementation. Today, it covers:

• Police vehicles
• Fire trucks and ambulances
• Tow trucks and recovery vehicles
• Construction and maintenance vehicles
• Garbage and recycling trucks
• Hazard vehicles with amber lights

At The Law Office of Craig Bondy, we’ve handled numerous Move Over Law cases and understand the nuanced circumstances that often lead to these violations. Many drivers receive tickets despite making their best efforts to comply with the law under challenging traffic conditions.

What Are the Consequences for Not Moving Over?

Failing to move over in New York carries significant legal and financial repercussions that can affect your driving privileges and financial stability. The penalties escalate with each subsequent violation within an 18-month period:

• Fines ranging from $150 to $300
• Mandatory New York State surcharge
• 3 points on your driving record
• Potential insurance premium increases
• A conviction remains on your driving record for 3 years

Beyond these immediate penalties, a Move Over violation can have lasting implications:

• With 11 points in 18 months, your license could be suspended
• Commercial drivers may face additional professional consequences
• The violation appears on background checks

At The Law Office of Craig Bondy, we recognize that these penalties can create significant hardship for our clients. We frequently work with the courts to seek charge reductions or dismissals, helping drivers maintain their clean records and avoid the most severe consequences of a Move Over violation.

What To Do If You Encounter an Emergency Vehicle

When you spot an emergency vehicle with flashing lights on New York roads, taking the right actions can help you avoid a Move Over violation. Here’s what New York law requires and what our legal team recommends:

1. Check Your Surroundings

• Immediately assess all lanes around your vehicle
• Use your mirrors to identify any vehicles in your blind spots
• Pay attention to road conditions and weather factors
• Look for additional emergency vehicles that may be approaching

2. Safely Change Lanes

• Signal your intention to change lanes well in advance
• Move to the lane furthest from the emergency vehicle when possible
• Maintain a steady speed while changing lanes
• Keep a safe distance from other vehicles during the maneuver

3. When You Can’t Move Over

• Significantly reduce your speed
• Stay alert for emergency personnel who may be outside their vehicles
• Watch for sudden movements from other drivers who may also be slowing
• Maintain extra distance between your vehicle and the emergency scene

4. Continue with Caution

• Don’t accelerate until well past the emergency vehicle
• Watch for personnel or equipment that may extend into the roadway
• Be prepared for emergency vehicles to move or reposition
• Stay focused on the road conditions ahead

At The Law Office of Craig Bondy, we understand that real-world traffic situations aren’t always straightforward. Dense traffic, adverse weather conditions, or multiple emergency vehicles can complicate these maneuvers. If you’ve received a ticket despite your best efforts to comply with the Move Over Law, we can help present your side of the story in court.

How We Can Help Defend Your Move Over Violation

At The Law Office of Craig Bondy, we thoroughly investigate every aspect of your Move Over violation to build the strongest possible defense. Our proven track record of successfully challenging these violations stems from our comprehensive approach to each case.

We meticulously examine:

• The specific circumstances of your traffic stop
• Weather conditions at the time of the incident
• Traffic patterns and road configurations
• Position and visibility of the emergency vehicle
• Your ability to safely comply with the law
• The officer’s observations and report
• Common defense strategies we employ include:
• Demonstrating that changing lanes would have created a greater safety risk
• Proving that the emergency vehicle’s lights weren’t clearly visible
• Showing that road conditions made compliance impossible
• Establishing that you reduced speed appropriately when unable to move over
• Challenging the officer’s ability to accurately assess your vehicle’s speed or position

Our firm handles all court appearances on your behalf, sparing you time away from work and family.

We negotiate directly with prosecutors to seek the most favorable outcome, whether that’s:

• Complete dismissal of charges
• Reduction to a less serious violation
• Minimum points and fines
• Alternative resolutions that protect your driving record

When you work with The Law Office of Craig Bondy, we keep you informed throughout the process and explain every option available to you. Our dedication to defending Move Over violations has helped countless drivers preserve their licenses and avoid costly penalties.

Contact us today for a thorough review of your Move Over violation case. We’ll explain your rights and develop a defense strategy tailored to your specific situation.

Frequently Asked Questions About Move Over Violations

Q: Can I fight a Move Over ticket in New York?

A: Yes, you can contest a Move Over violation. Many factors can support your defense, including road conditions, traffic patterns, and safety considerations. Our firm regularly helps drivers challenge these tickets successfully by presenting evidence and legal arguments that support their case.

Q: Will a Move Over violation affect my insurance rates?

A: Yes, a Move Over violation typically results in insurance premium increases since it adds 3 points to your driving record. These increases can last for several years. However, successfully fighting the ticket or reducing it to a lesser charge may help prevent these insurance consequences.

Q: What if I couldn’t move over safely?

A: New York law recognizes that moving over isn’t always possible. In such cases, you’re required to significantly reduce your speed. If you received a ticket despite being unable to move over safely, we can help explain these circumstances to the court and demonstrate that you took appropriate alternative action.

Q: Do I need to appear in court for a Move Over violation?

A: When you work with our firm, we typically handle all court appearances on your behalf. This saves you time and ensures your case is presented professionally before the judge. We’ll keep you informed of all developments without requiring you to miss work or other obligations.

Q: How long does a Move Over violation stay on my record?

A: A Move Over violation remains on your driving record for 3 years from the date of conviction. The points associated with the violation count toward license suspension for 18 months. Our firm works to prevent these long-term consequences through effective defense strategies.

Q: What vehicles do I need to move over for?

A: New York’s Move Over Law applies to emergency vehicles, police cars, fire trucks, ambulances, tow trucks, maintenance vehicles, garbage trucks, and any vehicle displaying flashing lights while performing roadside work. The law has expanded over the years to protect more types of vehicles and workers.

Q: What if I didn’t see the emergency vehicle?

A: Limited visibility due to weather conditions, road configuration, or other factors can be a valid defense. Our firm can help demonstrate how environmental conditions or other circumstances may have impacted your ability to see and respond to the emergency vehicle in time.

Q: How much are the fines for a Move Over violation?

A: First-time violations can result in fines up to $300, plus a $93 surcharge. Subsequent violations within 18 months can lead to fines up to $750 for a second offense and $1,000 for a third offense. We work to minimize these financial penalties through effective legal representation.

Contact The Law Office of Craig Bondy today to discuss your Move Over violation case. We’ll review your situation and explain how we can help protect your driving record and minimize potential penalties.