The law requires that drivers stay on the right side of the road or highway. The failure to do so can lead to a ticket pursuant to New York Vehicle & Traffic Law (VTL) §1120a. However, drivers have the right to challenge this ticket and avoid its penalties.

Retaining an experienced traffic ticket lawyer can help you do so, and save you money and headaches down the road. If you were ticketed for failing to keep right, reach out to The New York Traffic Ticket Lawyers.

Driver Responsibilities Under VTL §1120a

This law requires, in most cases, that drivers commute on the right half of the roadway. It then lists several exceptions, including when:

Legally overtaking and passing another vehicle traveling in the same direction
Overtaking and passing pedestrians, bicyclists, animals, and obstructions on the right half of the roadway
Any obstruction makes it necessary to drive on the left half of the roadway, provided the driver yields to oncoming vehicles
Driving on the shoulder or the slope is legally permitted
There are three marked lanes (and following the applicable rules)
Traveling on a one-way road

In other words, under normal driving conditions, New York motorists should stay on the right half of a two-lane road. The exceptions that apply are fairly limited and strictly defined.

Common Situations That Lead to a Ticket

Law enforcement officers in New York will issue a ticket for failing to stay on the right side of the road in a number of different scenarios. Among them are:

Speeding: It is common for police officers to give this ticket to a driver who is also pulled over for speeding. For example, it may not have been legal for the driver to speed up and pass another driver, so they could receive a ticket for speeding and failure to keep right.
Accident: Drivers who fail to keep to the right can easily crash into an oncoming driver or someone else and cause an accident. The police officer who shows up at the scene may then give the driver a failure to keep right ticket.
Distracted or impaired driving: Motorists who are either distracted or under the influence of alcohol or another impairing substance can drift out of the right lane. The officer who pulls the driver over may issue a citation for failure to keep right, among other violations.

Penalties for a Failed to Keep Right Ticket

Conviction for failure to keep to the right while driving could result in the following consequences:

A maximum fine of $150 plus a $93 surcharge
Three points added to your New York driving record
Higher insurance premiums since this is a moving violation

Having points added to your driving record may not seem like a big deal, but over time the cost can add up. You might have to pay an additional Driver Responsibility Assessment fee if you accumulate too many points. Eventually, the New York DMV may suspend your license.

How to Defend Against a Ticket

You may be tempted to plead guilty and accept the punishments of a failed to keep right ticket. But you should first consider the long-term impacts such as driving record points and higher insurance rates. And you should consider the possible ways to beat this ticket, including:

Showing that you were legally passing: If you were passing and overtaking another vehicle, this is a possible exception to the failure to keep right. You will want to prove that the passing was legal for the location where it took place.
Arguing that you were passing bicyclists or others: VTL §1120a expressly allows drivers to pass and overtake bicyclists, pedestrians, and animals in the roadway. If you have dashcam or other footage proving you did this, give it to your New York traffic ticket lawyer.
Proving there was an obstruction: If there was an obstruction like the ones mentioned above (e.g. something in the roadway), then temporarily leaving your lane may have been justified to avoid an accident. Try to get a picture or record footage of the obstruction.
Showing that there was an emergency: Some drivers have to temporarily leave the right half of the road to pass traffic in the event of an emergency. This would be a strong defense to a ticket, but make sure you can document the emergency event.

Why You Need an Attorney

You may have other defenses available, depending on the ticket. Speaking with an attorney and detailing the facts surrounding your traffic stop can help you decide on the best legal strategy. This can save you money in the short- and long-term, and avoid problems with your license.

An experienced New York attorney will understand the statute as well as the arguments you should make to challenge the ticket. Your lawyer will also know the sort of evidence you will need. Additionally, your lawyer may be able to negotiate a plea deal with the prosecutor.

One way your lawyer can help is by advising you which defenses are not the strongest. Some arguments are better than others, so let your attorney guide you on which one is the most compelling and most likely to succeed.

Connect With Our Traffic Ticket Defense Team

Our firm works to save drivers money by helping them avoid the worst legal and financial penalties of tickets. We can help with your VTL §1120a failed to keep right ticket. It starts with contacting us to schedule your initial consultation.

Don’t assume that the state has proven its case or that you will have to plead guilty and accept costly, long-term consequences. Get in touch with The New York Traffic Ticket Lawyers today.

Frequently Asked Questions About Failed to Keep Right Tickets

Is a plea deal possible?

Your attorney may be able to work out a plea deal to something that could help you lower your driving record points or even avoid them altogether. This may also result in a lower fine and lower insurance rates. The availability of a plea deal will depend on the facts of your case.

For example, if you were passing another vehicle but doing so did not endanger anyone in oncoming traffic, this can help you. It’s also helpful if you received no other citations. Your lawyer can review the specifics of your ticket and advise accordingly.

What sort of evidence will help me?

As with many tickets, some of the best evidence is video footage (e.g. dashcam) or pictures (e.g. of the obstruction that you passed). You should preserve any videos or pictures that recorded the incident and give them to your attorney.

Other helpful evidence includes eyewitness statements and anything related to any emergency situation that caused you to leave the right half of the roadway. Your lawyer may be able to produce other evidence depending on your case.

Can you pass another vehicle on the right?

While the failed to keep right ticket usually involves vehicles passing on the left, some drivers encounter a similar problem with passing on the right. Only in certain limited cases is this allowed in New York. Otherwise you could receive a ticket.