Unsafely switching lanes puts others at risk of an accident, which is why law enforcement may issue the driver a citation. However, receiving this ticket does not necessarily mean the driver is guilty of the offense. There may be options for defending against it.

Putting up a strong defense can save you fines, points on your driving record, and other problems. If you were ticketed under Vehicle and Traffic Law (VTL) §1128a, ask The New York Traffic Ticket Lawyers about the different ways you can contest the charges.

Understanding VTL §1128a

The text of subsection (a) of VTL §1128 reads as follows:

Driving on roadways laned for traffic. Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply:
(a) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

Put simply, this law applies to situations in which a vehicle, driving on a road with more than one lane of traffic (in either direction), leaves its own lane in an unsafe manner. A driver may inadvertently drift out of their lane or suddenly change from one to another.

This ticket is usually not a stand-alone citation, meaning New York law enforcement will probably issue it in addition to something like speeding. Some officers cite drivers for violating VTL §1128a after they have been in an accident, since switching lanes unsafely is dangerous.

Common Reasons for Receiving an Unsafe Lane Change Ticket

New York law enforcement officers aren’t typically studying every vehicle closely to make sure they stay within their lanes. There is usually something more dramatic that triggers a citation, including:

Cutting off another vehicle: Suddenly moving in front of another vehicle risks an accident, and is likely to result in a VTL §1128a ticket (possibly among others).
Failing to signal before leaving the lane: Drivers are required to signal before switching lanes, which means failure to do so is often viewed as unsafe.
Weaving between lanes: Constantly exiting and entering lanes is sure to get the attention of an officer, who may deem the entire behavior as a VTL §1128a violation.
Changing lanes during high traffic volume: Drivers should use extra caution in traffic, and it may simply be too congested to change lanes safely.
Changing lanes at a high rate of speed: If the vehicle is traveling at a higher speed than is safe for a lane change, even if it’s not speeding above the posted limit, it could lead to a ticket.

The Consequences of a VTL §1128a Ticket

If you are cited and ultimately found guilty of an unsafe lane change, you could be facing the following penalties:

Fines: A first-time offense will result in a fine of $150. A second-time offense within 18 months increases the fine to $300, while a third-time offense within 18 months raises it to $450.
Surcharges: New York drivers also have to pay a surcharge of up to $93, depending on whether they were in a city, town, or village at the time of the ticket.
Points: You will have three points added to your driving record if you are convicted. Too many points can mean the DMV will suspend your driver’s license.
Other tickets: Because an unsafe lane change is usually one or several offenses, you will still have to contend with the fees and other consequences of those other tickets.
Insurance premiums: Moving violations mean higher insurance rates for drivers. These elevated rates may last for several years depending on the circumstances of your ticket.

Defending Against an Unsafe Lane Change Ticket

The good news about a New York moving from lane unsafely ticket is that it may be easier to challenge than others. Police usually issue these with other, more serious violations like speeding. Having the charge dismissed could save you money and driving points.

Depending on the facts in your case, there may be one or more ways to fight the ticket. These include:

Mitigating factors: If no accident occurred, no one had to hit their brakes hard to avoid a collision, and you used a turn signal, these (and other factors) could work in your favor.
Sudden changes in traffic: Unsafe lane changes are often so due to the moving vehicle cutting off another one. But this may be the result of a sudden and unexpected change in traffic, meaning the offending driver wasn’t intending to act in an unsafe manner.
Challenging the officer’s judgment: Whether a lane change is unsafe is often a matter of interpretation. The ticketed driver could challenge the officer’s judgment.
Urgent need: The driver may have left their lane unsafely to avoid an accident. For instance, there may have been a vehicle suddenly stopping ahead or an obstruction in the road.
Issues with lane markings: Not all New York roads and highways are maintained well, with faded lanes being common. If a driver honestly can’t tell where the lane markings are, this could be a defense to a ticket.

Contact Our Attorney for Moved from Lane Unsafely (§1128a) Ticket

You may have other available defenses, depending on the circumstances of your unsafe lane change ticket. That’s the advantage of having knowledgeable legal counsel ready to go to work for you. Get started with The New York Traffic Ticket Lawyers by contacting us today.

Frequently Asked Questions About Unsafe Lane Changes in New York

Are there related tickets to VTL §1128a unsafe lane change tickets?

Other subsections of the same statute punish similar lane change behaviors. Subsection (b) punishes illegal passing in the center lane, (c) concerns driving in designated lanes, and (d) involves driving over double-yellow lines, HOV lane markings, and other hazard markings.

If you receive any sort of ticket for an unsafe lane change, including those that pertain to the above subsections of VTL §1128, talk to our experienced New York traffic ticket attorney.

Can my traffic ticket lawyer appear on my behalf?

Generally yes, your lawyer can go to traffic court on your behalf so you don’t have to. But it depends on the circumstances of the ticket and other charges you may face. Ask an attorney for how to handle the specifics of your case.

How can I avoid getting this ticket?

Besides driving safely and obeying traffic laws, you should avoid escalating a conflict with the officer who stopped you. Being aggressive with New York law enforcement is more likely to result in the officer ticketing you with everything they can. Being polite is the best approach.

Does your firm offer a free consultation?

Yes, we offer a free consultation. This allows us to review the circumstances of your ticket and explain your legal options. We can also discuss the benefits of hiring an experienced attorney to handle your New York unsafe lane change ticket.