Every motorist has the duty to drive the correct way. New York roads are notorious for being one-way streets, however, so it can be easy to end up in the wrong direction. This can lead to a traffic ticket with significant legal and financial consequences.
If you were ticketed for driving the wrong way on a one-way street, don’t plead guilty before speaking with The New York Traffic Ticket Lawyers. You may have defenses available to you that can save you money and headaches down the road.
Understanding Wrong Way Tickets on One-Way Streets
New York Vehicle and Traffic Law (VTL) §1127a prohibits driving the wrong way on one-way streets. The text of this statute is very simple:
“Upon a roadway designated and signposted for one-way traffic, a vehicle shall be driven only in the direction designated.”
Drivers must always be aware of the flow of traffic and street signs which indicate the right (and wrong) direction. However, it’s easy to accidentally make a wrong turn and end up driving against traffic, especially in New York. If you do so, you could get stopped and ticketed.
You can receive a ticket if the following two conditions apply:
- Driving the wrong way: This means driving in the direction that is opposite the one that is designated for traffic flow on that particular road. Police will immediately stop someone they see driving the wrong way due to the significant risk of an automobile accident.
- Street signs: There should also be street signs in the vicinity of the roadway that notify drivers that the street is designated for only one direction of traffic (e.g. “One Way” and “Do Not Enter” signs). These signs must be clearly visible to drivers before they enter the one-way street.
A first-time ticket for driving the wrong way on a one-way street may result in:
- $150 fine
- $93 surcharge
- 2 or 3 points assessed on your driver’s license
- A possible jail sentence of up to 15 days
Subsequent tickets will increase the fine and potential jail sentence. All tickets risk higher insurance premiums as well. Lastly, if you accumulate too many driving points on your record you can expect additional fines and a possible driver’s license suspension.
Possible Defenses to a Wrong Way on a One-Way Street Ticket
Receiving a ticket for driving the wrong way on a one-way street does not mean you are guilty of the offense. You may be able to fight the ticket by arguing such defenses as:
- Mitigating circumstances: Perhaps you inadvertently turned the wrong way on a one-way street, realized it immediately, and tried to correct it when you received the ticket. Evidence of this could lessen the severity of the legal penalty or even result in a dismissal.
- Emergency or other unusual circumstances: If there was an emergency or something else unusual, like an accident that redirected traffic, you could argue this as well. You will need convincing evidence and the assistance of a New York traffic ticket lawyer.
- Lack of clearly visible street signs: The absence of clearly visible signs warning drivers not to enter the wrong way could also be a defense. Take pictures of the location where you received the ticket to document this.
- Procedural issues: All law enforcement officers have to follow certain procedures to protect the civil rights of citizens. Irregularities or other issues may have led to an unlawful traffic stop, which could result in the ticket being dismissed.
It’s important to realize that every ticket is different, so the available defenses in your case may vary from another person’s. But you should never assume that the state has proven your guilt simply by issuing a ticket. Talk to an attorney about your options.
Contact Our New York Driving the Wrong Way on a One-Way Street (§1127a) Attorney
Our goal at The New York Traffic Ticket Lawyers is to help drivers avoid the most serious penalties with tickets. Let us review the circumstances involved with your ticket and advise you of the next best steps. Reach out to us to get started today.
Frequently Asked Questions About Wrong Way on One-Way Street Tickets
Do police have to observe me enter the wrong way onto a one-way street to issue a ticket?
No, the police do not have to see you actually enter the roadway. It’s enough for them to see you operating your vehicle while faced in the wrong direction. However, many officers do observe the driver make this mistake and record it on their police dashcams.
Are other charges besides a wrong way driving ticket possible?
An officer who pulls you over may ticket you for reckless driving under VTL §1212. This law prohibits driving in a way that “unreasonably interferes with the free and proper use of the public highway” or “unreasonably endangers users of the public highway.”
Reckless driving is a misdemeanor in New York, and it could result in a $300 fine and up to 30 days in jail. But as with the wrong way driving ticket, you may be able to fight the charges or reduce the severity of the legal consequences. We can help.
What should I do if I receive a wrong way driving ticket?
There are a few steps you can take to protect your rights and fight the ticket. They include:
- Limit what you say to the police: Don’t admit guilt, and don’t bother arguing your case to the officer. Only provide the information that is required by law, like your driver’s license and proof of insurance.
- Document the scene: Inspect the scene where you received the ticket to see if there were clearly visible warning signs. If not, take pictures and record videos, including as much detail as possible in your images.
- Preserve any dashcam footage: You may have recorded yourself on dashcam trying to correct your mistake after turning the wrong way onto a one-way street. If so, preserve this evidence because it could be a valuable defense.
- Make notes about the incident: Write down everything you can remember about the events leading up to and immediately after you received the ticket. If you realized that you made a mistake and tried to correct it, make note of it. Do this while your memory is fresh.
- Contact a New York traffic ticket attorney: At your earliest convenience, reach out to our office. We can explore your options for handling your ticket.