New York considers certain driving maneuvers to be unsafe, including different ways of passing vehicles along roads and highways. While most drivers may not be aware of the different forms that improper passing may take, it is their duty to know the law. Failure to do so could result in a traffic ticket along with fines, points, and automobile insurance premium increases.
Nobody wants to deal with the potentially significant consequences that may result from an improper passing ticket. But the good news is that you have the right to challenge the ticket, and with the right legal counsel by your side you can avoid some of the harshest legal penalties. Find out why so many clients trust the central New York firm of the New York Traffic Ticket Lawyers to represent them.
What is Considered Improper Passing?
Passing another vehicle can, in certain circumstances, be illegal. Considering the flow of traffic in major urban areas and the rush of people to get from one place to another, it’s understandable that most motorists probably do not even know that passing in these ways is against the law. Nonetheless, you could receive an improper passing ticket in a number of different scenarios.
New York Vehicle Traffic Law (VTL) 1124 covers various situations in which passing another vehicle can result in a ticket. For instance, the police may cite you for improper passing if you:
- Pass another vehicle on the left: A driver cannot drive to the left side of the center of the road or highway to overtake and pass another vehicle. This typically involves a driver who crosses over a solid yellow traffic line to pass someone else.
- Unsafely pass another vehicle: Even if the road markings indicate that passing is permitted (e.g. a broken yellow line on your side), you cannot pass if it would be unsafe to do so. Any passing that could potentially endanger other vehicles, including the one you are overtaking, may lead to a ticket.
- Pass in a clearly marked no-passing zone: Some New York roads and highways have “no passing zone” or similar signs that indicate drivers must stay in their authorized lanes. If you pass in a location that is near one of these signs, expect a ticket.
- Pass in a way that interferes with oncoming traffic: When legally passing a vehicle by moving to the left, the driver must ensure there is sufficient room between their vehicle and oncoming traffic. The law requires the driver to return to their authorized (right) lane before coming within 200 feet of an approaching vehicle in the passing (left) lane.
- Fail to return to your lane: Passing another vehicle should be a fairly quick move, and the passing driver must return to their authorized lane as soon as practicable. Delaying a return to the correct lane of travel is simply not permitted.
- Pass on a curve or hill: Roads with curves and hills may not be safe to pass due to the inherent limited visibility and the inability to see oncoming traffic. A law enforcement officer could observe this behavior and ticket the driver for improper passing.
What May Happen if I Receive an Improper Passing Ticket?
New York takes improper passing seriously, a fact which is reflected in the possible penalties that a driver could face if they are convicted of this infraction. Among the consequences are:
- Fines: Conviction of a first offense will result in a $150 fine. If convicted a second time within 18 months the fine is $300, and a third offense within 18 months will cost the driver $450.
- Surcharge: The driver must also pay a surcharge of $88 or $93, depending on where the offense occurred. This is in addition to whatever fines are levied against the driver.
- Points: Improper passing nets three points on a driver’s record. Too many points within a 24-month period (previously an 18-month period) could result in a formal hearing or a driver license suspension.
- Driver Responsibility Assessment fee: A driver who accumulates six or more points must also pay a Driver Responsibility Assessment to the New York DMV. The fee is $300, plus an additional $75 for each point over six.
- Automobile insurance increases: Your automobile insurance policy will likely increase because insurers view moving violations as indicative of risky driving behavior. By some estimates, improper passing causes insurance premiums to rise by up to 15%.
How to Handle an Improper Passing Ticket
You have several options for dealing with a ticket for improper passing. It’s important that you speak with a knowledgeable central New York traffic ticket lawyer who can assess the unique aspects of your ticket and advise you on the best way to address it. Several options include:
- Requesting a dismissal: You may be able to ask for a dismissal in certain situations, for instance if the prosecutor is going to be unable to make their case in court. The prosecutor, not the driver, has the burden of proof.
- Contesting the evidence: The evidence that the prosecutor has may be unreliable or it could have been illegally obtained. A situation like this could result in the ticket being thrown out.
- Challenging the ticket in court: There are also situations in which a driver may have violated some part of the New York VTL, but not the one for which they were ticketed. If this happens the driver can challenge the ticket in court as being for the wrong offense.
- Entering into a plea bargain: It may be possible to negotiate a plea bargain with the prosecutor that results in less severe penalties. This depends on the driver’s record and the circumstances of the ticket.
The Benefit of Experienced Legal Counsel
New York Traffic Ticket Lawyers understands the complexities of the state’s traffic laws, including court decisions that interpret them, and how they apply to drivers. We also understand that many drivers do not view improper passing as a big deal, and simply plead guilty to the ticket to avoid dealing with it any further. However, as pointed out above, this can result in long-term consequences and costs.
When you retain us to handle your traffic ticket, we handle all court work and negotiations with the prosecutor. We will explain how the ticket could affect you as well as the legal options you have for resolving it. Then we will implement a strategy to dispense with the ticket that could save you time, money, and headaches.
Contact Our Central New York Improper Passing Attorney
If you have been cited for improper passing, don’t delay taking action. Connect with the New York Traffic Ticket Lawyers today to start working on the most beneficial way to resolve your ticket. You can call or contact us online to get started.
