Failing to comply with the orders of police and other officials can land you with a ticket. In turn, you can expect a hefty fine and likely an increase to your automobile insurance rates. But before agreeing to plead guilty and pay the ticket, you should explore your legal options.

It starts with hiring an experienced traffic ticket lawyer who can explain the law and then help you seek the best outcome. If you received a VTL (Vehicle & Traffic Law) §1102 ticket, reach out to The New York Traffic Ticket Lawyers.

The Scope of VTL §1102

Also known as a Failed to Comply ticket, this section of New York’s traffic code penalizes drivers who don’t pull over for police. An officer may also issue this for not complying with lawful orders. This ticket often shows up at car accident scenes, when police and others must direct traffic.

More broadly, the ticket is issued for failure to obey the lawful commands of a:

Police officer
Flag person
Other person authorized to direct traffic, like a crossing guard

Firefighters may direct traffic around a crash site in an effort to protect the victims and ensure the safety of emergency personnel. The law allows these individuals to direct traffic, so refusal to obey them can lead to a VTL §1102 ticket.

The basic elements of this statute are that the driver:

Failed or refused to obey
A lawful order
Of a police officer, flag person, or other person duly empowered to regulate traffic

Essentially, if a police officer or other authorized individual is directing traffic or giving commands, and a motorist does not comply, they can receive a ticket.

Examples of Violations

There are multiple ways a driver could potentially disobey the commands of a police officer or other person directing traffic and thereby get ticketed. They include:

Continuing to drive while an officer is ordering you to stop: Police in New York must often instruct drivers to stop in an area in which they could normally proceed. Deciding to drive anyway is a sure way to receive a ticket.
Ignoring hand signals that control traffic: Another example is ignoring the officer’s hand signals, for instance to turn right. An officer may have to give such an order to keep vehicles away from an active crash site.
Failure to follow other instructions: Emergency scenes are busy and chaotic places, and officers or firefighters may issue orders without much preparation. It’s important for the safety of all individuals, including emergency personnel, that motorists obey these instructions.

Possible Consequences of a Conviction

Many New York drivers who receive these tickets may initially believe it is easier and cheaper to simply admit guilt. However, you should understand that an admission of guilt or conviction could end up costing you in the long run. You can expect the following consequences:

A fine of $150
A surcharge of up to $93
Two points added to your driving record
Increases to your automobile insurance policy

The last item is what tends to be the most significant for drivers. Adding to this is that the police often cite drivers for other offenses as well. So combined with these other violations, it is highly probable that your automobile insurance rates will go up.

Also, having points added to your driving record can lead to additional problems. Too many points in too short a time period can trigger more fines and even a license suspension. Many drivers simply cannot afford to have more points on their record.

How To Defend Against This Ticket

Since you probably do not want to pay more for automobile insurance or have to pay a fine, it’s a good idea to consider possible ways to defend against a VTL §1102 ticket. Working with a New York traffic ticket lawyer, you can evaluate these potential defenses:

There was no clear order: The officer in question must show that they issued an order, explain what was said, and demonstrate how it was said. Since accident scenes and similar events can be confusing, it’s possible there was no clear order.
The driver complied: On the other hand, the driver may be able to show that they compiled to the best of their ability. Again considering the hectic nature of where these tickets are often issued, the driver may have been limited in their ability to obey the command.
The driver acted in a way to avoid an emergency: Perhaps the driver did not perfectly obey the officer, but this may have been necessary to avoid another hazard. A court may consider whether, given the nature of the conditions, your conduct was reasonable.
The person giving the order was not authorized to do so: Not just anyone can direct traffic. Your attorney can learn the identity of the person who was giving orders and determine if they were permitted to do so. If not, the ticket could get dismissed.
The order was not lawful: In some cases, the orders themselves are not lawful. These are highly fact-specific circumstances, so be sure to consult a New York ticket attorney if you believe something was wrong with the command that the officer gave you.

Contact Our Attorney for Obedience to Police and Flagpersons (VTL §1102) Ticket

You may have other defenses available to you, depending on the facts of your case. The most important thing is to connect today with a traffic ticket defense firm that understands the law and how to defend drivers. Get in touch with The New York Traffic Ticket Lawyers now.

Frequently Asked Questions About VTL §1102 Tickets

Is a plea deal possible?

Yes, and in fact it is a common way to avoid adding points to your driving record and having your insurance go up. You may be able to negotiate the ticket to a non-moving violation or possibly even have it dismissed. Speak with a lawyer for more information.

What if I didn’t understand the order?

Even if you didn’t understand the order, it may have been clear enough that you were responsible for obeying it. At the same time, given the conditions in which these tickets are often issued (e.g. accident sites), this could be a viable defense.

What sort of evidence can help my case?

Dashcam footage is a major help since it can record exactly what was said, who said it, and what the driver did in response. Other possible evidence includes eyewitness statements, photos or videos of the scene where the infraction occurred, and the driver’s personal notes.