One of the most common traffic violations in New York is for NY VTL §1110a, Failure to Obey a Traffic Control Device (or Disobeyed). More commonly, this traffic violation is called running a red light. If you’ve received a ticket for disobeying a traffic control device, you don’t have to pay the fines and plead guilty. Fighting the traffic ticket can protect you from having points placed on your driver’s license, avoid fees, and potentially avoid jail time.
Discuss Your Disobeyed Traffic Control Device Ticket With An Experienced Attorney
The New York Traffic Ticket Lawyers have extensive experience fighting a wide range of traffic ticket violations, including tickets for running red lights. Our attorneys can represent you throughout New York state. If you’ve been cited for failure to obey a traffic control device, contact the New York Traffic Ticket Lawyers today to schedule a free consultation and learn more about how we can help you.
NY VTL § 1110a Failure to Obey a Traffic Control Device
NY VTL §1110a prohibits drivers from disobeying traffic control devices. According to the statute, a traffic control device includes any sign, signal, marking, or device installed by the authority of the jurisdiction to regulate and guide traffic.
The statute requires all New York drivers to obey traffic control devices unless directed otherwise by a police officer or when operating as an emergency vehicle. In many cases, when police officers issue a ticket for failure to obey a traffic control device, they will also charge the driver with other infractions, such as failure to yield to an emergency vehicle or failure to change lanes.
When a driver goes through a stop sign without stopping, this is technically a violation of VTL §1172, which governs stop sign violations. This violation carries 3 points instead of the 2 points that come with a §110A violation. Some New York traffic courts allow police officers to write §110A tickets for stop sign violations.
Red Light Camera Tickets
Getting a red-light camera ticket is different from being pulled over by a police officer. Red light cameras are legal in New York, but it is difficult to prove from the photo and video alone that you were the driver. There are also constitutional problems regarding your right to confront your accuser. All of these factors make the penalties for red-light traffic tickets much lower. If you receive a red light camera ticket in New York, you’ll face a $50 fine, and no points will be added to your driver’s license.
If you receive a red-light camera ticket, the printouts will be presented against you in court. You have the right to cross-examine your accuser. Since you can’t cross-examine a photo, your attorney can make an oral motion to have your case dismissed. This defense frequently works, but not in all cases. Your attorney can argue that the photo doesn’t clearly show that it was your vehicle. You may be able to argue that you were in a medical emergency, having mechanical difficulties, or that it wasn’t you in the car.
The Penalties for a Disobeyed Traffic Control Device (§1110a)
A person convicted of failing to obey a traffic control device can face the following penalties:
- A fine of up to $150
- A surcharge of $80 – $85
- 2 points on your driver’s license
- Up to 15 days in jail
It’s rare for a person to have to go to jail for running a red light. However, a judge can require jail time if the circumstances are hazardous. Judges are more likely to require jail time when a person faces charges for running a red light together with a charge of reckless driving. In addition to paying fines and surcharges, a driver may risk losing their driver’s license if they already have points on their driver’s license. Your insurance premiums may skyrocket, and you may face serving time in jail. Working with The New York Traffic Ticket Lawyers can help you fight your ticket to avoid letting this scenario happen to you.
Police Officers Must Prove Their Case By Clear and Convincing Evidence
Many people assume they should just pay for the ticket to avoid the hassle of fighting it. However, several reasons are fighting your ticket can be beneficiary. In New York, if you’ve been charged with failure to obey a traffic sign, your insurance premiums could increase significantly. You risk a license suspension if you already have points on your driver’s license.
Police officers must prove their case with clear and convincing evidence, which means they must show it’s 51 percent more likely to commit the offense than not. When a driver challenges the ticket, the burden is on the police officer to prove that a violation occurred. A person can bring many legal challenges and defenses against a NY VTL §1110a charge. Working with a skilled attorney can help you avoid fines and increased premiums and save you more money over time.
Defenses to NY VTL §1110a Failure to Obey a Traffic Control Device
When you work with The New York Traffic Ticket Lawyers, you can rest assured that we will investigate your ticket’s circumstances to develop the best defenses possible. The traffic control device must be in the proper position and sufficiently legible so that an ordinarily observant person can see it.
We may be able to question the visibility of the sign or traffic light and whether the jurisdiction had the authority to post it. Additionally, if you’ve received a ticket for disobeying a traffic control device along with other traffic infractions, we may be able to defend you on double jeopardy grounds.
Contact a New York Traffic Ticket Attorney For a Disobeyed Traffic Control Device Case
If you’ve been pulled over for running a red light in New York and ticketed under VTL §1110a, you have a right to fight your traffic ticket. Fighting the ticket can spare you fines, surcharges, driver’s license points, and potential jail time. Contact The New York Traffic Ticket Lawyers to schedule your free case evaluation and learn more about how we can fight for you.
The New York Traffic Ticket Lawyers handle Failure to Obey a Traffic Control Device tickets throughout Central New York including Albany County, Erie County, Onondaga County, Orange County, Saratoga County, and Warren County.