Failure to drive on the right side of the road can result in a traffic ticket under New York traffic laws. A driver may receive a traffic ticket for failing to keep right under New York VTL § 1120. If you receive a ticket for failure to keep right, you might be surprised as it isn’t among the most common types of traffic violations. Understanding your legal rights and potential defenses may help you avoid points on your driver’s license, fines, and increased premiums.
If you’ve been ticketed for failure to keep right (New York VTL § 1120), you’ll benefit from discussing your case with an experienced attorney. The New York Traffic Ticket Lawyers are prepared to fight your traffic ticket. Contact The New York Traffic Ticket Lawyers to schedule a free consultation and learn more about the benefits of fighting your traffic ticket.
New York VTL § 1120(a)- Driving on the Right Side of the Road
New York VTL § 1120 includes three different categories of requirements for driving on the right side of the road, separated into sections a, b, and c. According to New York VTL § 1120, all motorists must drive on the right side of a roadway except in the following situations:
- When passing a cyclist, pedestrian, animals, or obstructions in the roadway
- When passing another vehicle traveling in the same direction
- When road obstructions require that a person drive left, so long as you yield to opposing traffic
- When it is permissible to travel on the shoulder or slope under NY VTL § 1131
- On a one-way street
- Upon a roadway divided into three marked lanes
If you are convicted under New York VTL § 1120(a), you will receive three points on your driver’s license.
New York VTL § 1120(b) – Driving on the Right Side of the Road at Slower Speeds
Additionally, a driver driving at less than the normal speed of traffic at the time and place and under the conditions must drive in the right-hand lane. If a right-hand lane isn’t available for traffic, they must drive as close as practical to the right-hand curb or edge of the roadway. There is an important exception to this general rule.
Drivers aren’t required to drive in the right-hand lane when overtaking and passing another vehicle proceeding in the same direction. Additionally, they aren’t required to drive in the right-hand lane when the driver is preparing to make a left turn at an intersection or into a private road or driveway. If you are convicted under New York VTL § 1120(b), you will receive two points on your driver’s license.
New York VTL § 1120(c) – Driving on the Right Side of the Roads with Four or More Lanes
Drivers must drive on the right side of the road when a roadway has four or more lanes or more lanes of two-way moving traffic. There are some exceptions to this rule. Drivers aren’t required to stay in the right-hand lane in the following circumstances:
- When authorized to do so by the lane markings or
- To avoid or pass a pedestrian, bicyclist, animal, or road hazard
If you are convicted under New York VTL § 1120(b), you will receive three points on your driver’s license.
The Penalties of New York VTL § 1120
If you are convicted of New York VTL § 1120, you will receive two to three points on your driver’s license, depending on whether you’re convicted under Section A, B, or C. The New York State Department of Motor Vehicles (“DMV”) uses a points-based system to act against drivers they deem habitual or persistent violators of New York traffic laws. The DMV will calculate a point total based on all of the violations you’ve committed in the last 18 months. If you accrue six or more points, you’ll be subjected to a driver responsibility assessment fee of at least $300.
If you accrue between seven and ten points, you can be required to participate in a driver improvement clinic. The DMV can suspend your driver’s license if you don’t attend the clinic. Your driver’s license will be suspended if you accrue 11 or more points. Many drivers are charged with multiple violations at once, and it’s conceivable that you could be facing a driver’s license suspension if you don’t fight your traffic ticket. Additionally, you will face increased insurance premiums that could occur for several years. Working with an attorney to defend yourself can help you defend yourself from these serious consequences.
What Are the Defenses to New York VTL § 1120?
There are several defenses drivers charged under New York VTL § 1120 can use to defend themselves. Your attorney may be able to successfully argue that one of the exceptions to the general requirement to drive on the right was satisfied when you received the ticket. For example, if you can prove that you were driving left in order to pass a pedestrian, motorist, animal, or road hazard, you cannot be convicted under New York VTL § 1120.
You can prove that the roadway was divided into three marked lanes, such as interstates. In other cases, drivers will be charged under New York VTL § 1120 and other similar violations. Your attorney may be able to successfully argue that convicting you under multiple similar traffic violations could be considered double jeopardy, which is unconstitutional.
What Does It Meet to Fail to Keep Right?
Vehicles driving toward one another on opposite sides of the street are required to pass each other on the right. The same principle is true on narrow roads that don’t have two full lanes in width and on highways. Vehicles on either side should move accordingly to give oncoming vehicles space to move in closer to the middle of the road.
Discuss Your Case with an Experienced Attorney
Have you received a traffic ticket for failure to keep right under New York VTL § 1120? If so, you’ll benefit from working with a skilled defense attorney. The New York Traffic Ticket Lawyers have extensive experience and training representing drivers throughout Central New York in a wide range of traffic-related matters. Before you admit guilt and pay the ticket, contact The New York Traffic Ticket Lawyers to schedule a free case evaluation.