This case came to us almost immediately after the new 1144A Vehicle & Traffic law came into effect. Known as the “Move Over Act”, the Ambrose-Searles law was named after NYS Troopers who had lost their lives during traffic stops on the highway. This new law requires motorists to:
- Use care when approaching an emergency vehicle that displays red and/or white emergency lighting;
- Reduce speed on all roads and highways;
- Move from the lane adjacent to the emergency vehicle on Parkways and other controlled access highways with multiple lanes, unless traffic or other hazards exist to prevent doing so safely.
Drivers convicted of this offense face a $275.00 fine as well as the assignment of 3 points for a moving violation. We were eager to take this case to see how a local court would respond to this charge and whether or not they would be willing to offer a reduction. Fortunately, the ticket was able to be reduced to an 1175 (Obstructing Traffic @ Intersection), an offense that is reported as a 0 or 2 point offense on NJ driving histories. A fine of $100.00 was issued with an $85.00 surcharge.
For more questions about defending a traffic ticket in the Chester Town Court, you can visit our dedicated website at chestertrafficlawyer.info. Please also feel free to call our office at (518) 465-2211 for a free consultation of your case.
Out of state/TX resident ticketed 8/12/11 by Otsego County due to “move over law” or “Fld due care for emerg veh stopped or standing” or . Can this be reduced or appealed, and what is process.
Thanks!
Hi Mark,
Yes we can help with that. 1144a has been very common. I’ll send you an email about it.
Out of state / NJ
Can you help with a 1144a at Elma NY?
When a new traffic law is enacted why isn’t the motorist sent notification of this law and date of enactment to the address on their registered NY State Drivers License? I recently received this violation (Sep 2011) and had no idea about it! The trooper informed me it was enacted Jan 2011 and he had seen 4 advertisements on TV in 9 months! Not a great advertising campaign. The trooper said his ticket is the best ad campaign because now I will inform my friends and family. My wife and I had never seen a single advertisement, or DMV notification, nothing! How am I to plead? I understand the law now and agree with its purpose, but the DMV or NY State have an obligation to inform. And yes the trooper is right, my ticket is helping warn other family and friends, but at my expense of money and points! I say foul on NY State and the DMV. The trooper could have let me go with a warning.
I am also from out of NY and was ticketed for this offense. The officer acknowledged to me that I did slow down, but did not put this in the written deposition. As I was unaware of the law requiring a lane change, I did not move over and was therefore ticketed. Can youa advise on how I can go about reducing the fine and/or getting the points waived?
On August 27th, My wife and I were driving my son to Plattsburgh SUNY to start the fall semester. I was driving my wife’s car in the right lane while a State Trooper on the Taconic Parkway was parked slightly beyond the shoulder, which I considered to be well beyond harms way. My driving speed from my residence in New Rochelle in Westchester never exceeded 58-60 MPH, as I find the Taconic to be a very curvy road and I know the speed limit is aggressively enforced. I slowed down even further (probably between 50-55) as I approached and passed the Officer apparently issuing a summons to the other driver. I also moved a few feet toward the left lane and my wife confirms that I slowed down and veered to the left lane markers (white lines.) I was hesitant to move entirely into the left lane as it was a curvy area and I thought my actions were quite sufficient.Less than 1-2 minutes later, I see that the officer was stopping me, so I pulled over onto the grass. My wife and I had no idea why I was being stopped. I also told him I had never heard of law that requires that I move entirely into the left lane. I asked many friend and acquaintances if they had knowledge of the January law enactment, and only two of twelve knew of it. I have never seen a road sign to promote it, it was not mentioned at all at my most recent defensive driving course that I attended around the time the law was enacted and since I was issued the ticket, I feel that a warning would have been a more appropriate action. I am therefore pleading not guilty and my pre-trial conference and possible trial Milan Town Court is scheduled for 9 am on November 17. I believe that legal representation is necessary.
Recv’d 1144-a on 9/21/11. This ticket was given in an area around construction with and traffic. The officer had a car pulled over on the side. I had slowed down and moved over to the edge of the lane I was in. THe officer said I had room to get over to other lane. This could be as I do not recall how close all the traffic was around me. Was unaware of the law and have wondered if it is posted on the highway any where. While the officer was writting my ticket I did notice many cars that “could have gotten to the other lane, but did not. I asked the officer if there was an amount set for the ticket He replied I would have to mail the ticket in and then be told of said fine.
I recieved a 1144-A viloation on the NYS Thruway. Traveling with a trailer in tow and slowed down to ~ 55 mph and moved over to the point that driver side tire was on the white line of the next lane over but didn’t move out of lane. Percieved that there was not enoughtime to move over as cars were traveling 10-15 mph faster than I. Offices thought that I had enough room to do so in a safe manner. I felt otherwise. This was also percieved as entrapment as he immediately pulled out after writing me a ticket to pull over another vehicle (most likely for the same offense) and was probably writing the same ticket for the vehicle before me.
I strongly agree with you. These officers are not acting in an “emergency service” situation. It is totally entrapment. I could not move to the left as there was a large Ford F-150 travelling to my left who slowed down (thinking I suppose that if he passed me he would get a ticket for speeding). I knew of this law and was quite aware of it. I explained to the officer that I could not move over for the safety of my daughter and sister. He then proceded to say that I did it twice. Whatever!!!!!!! I will not pay this and will fight it allllllll the way. Entrapment is illegal. Not to mention I told him I knew why I was being pulled over. I hope he brings his tape recordings to court. I know I will be bringing by video tape.
Hi, i’m from Montreal in Canada and we didn’t know about that law so we got a ticket for not changing to left lane on the interstate 87 north. Is there anything i can do or somewhere i could call to get either a reduction or appeal? Thank you.
Hi Nancy,
Sorry we didn’t get back to you sooner, it can be tough filtering through all the spam comments to get to the real ones like yours. If you have not already gotten in touch with our office, please call us at (518) 465-2211. Was it an 1144a ticket you received?
I received this ticket (violation of 1144-A) on the 17th of November.
A state trooper had someone pulled over on the right shoulder of I-90 Eastbound, and I was driving in the right lane. Someone in the left lane was in the process of passing me when we both spotted the officer. At this time, the driver in the left lane began to slow down (and was now side-by-side with me). I decided to try to slow down and get in behind him, but he had continued to slow down, and I was not able to move over without slamming on my brakes. I decided this was unsafe, so I pulled as far as I could toward the white center lines, and reduced my speed as much as I could. The officer immediately pulled out from behind the person he had pulled over, and issued me a ticket despite me explaining this to him.
This is also my first ticket, and I’m not really sure how to handle this type of thing. The court is well over 2 hours away, and I’m a relatively broke college student. I can barely afford the gas, let alone the ticket. Is there any help you can give me? The court date is on the 5th of December.
I was issued a ticket for the exact same violation. I feel that I was entrapped by the officer. As I approached just below the speed limit, I noticed a police car. I slowed even more, and as I did- he turned on his lights. I had no time to react safely, other than to slow down. I didn’t even have time to see if the left lane was safe to move into. The officer was alone on the right shoulder, and did NOT signal to come back on. He then pulled out and stopped me. I had absolutely no idea why I was being stopped. I live in New York City, and had to send my not guilty plee within 48 hours from Ottawa during my vacation. I truly feel, as a law abiding citizen, that this was entrapment and harrassment. I would really love to know how far I can go in fighting this. I understand the new law “NVS V AND T LAW” is neccessary in protecting the safety of officers, and I applaud any effort to make the roads safer for drivers and law enforcement. However, I believe that the New York State police must be held accountable for upholding this law, in a responsible manner.
Hi Matthew,
As you can see, a lot of people have similar experiences with the 1144a ticket. And different courts have been responding to this in different ways with some allowing dismissals of charges and others unwilling to consider reductions. Remember that the purpose of this law is to protect the lives of officers and emergency workers and was named after victims.
Also, as of January 1, 2012, this law includes “law enforcement officers, emergency workers, tow and service vehicle operators and other maintenance workers stopped along roadways while performing their duties.”
http://www.troopers.ny.gov/Traffic_Safety/Move_Over_Act/
I received a ticket under this New York State statute last week, while traveling to work on the Long Island Expressway. There was a police vehicle stopped on the HOV lane zebra stripes. Because I was traveling in the HOV lane at the time and there was no HOV exit prior to where the police car was stopped, I slowed down to almost a complete stop, whereas vehicles behind me saw the police car and violated the HOV buffer to move over.
I didn’t see anyone in the roadway, so I started to pass the police car doing about 5 mph. Suddenly, the police officer appeared, dragging some piece of roadway debris, and started yelling something at me as I was already rolling by. Rather than slam on the brakes, I signaled to the officer that I saw him and continued on at the extremely low rate of speed.
The officer proceeded to clear the piece of road debris and then pulled me over. He ticketed me for “failing to yield to flagging officer” and lectured me that I really should have moved over when I saw him.
Unfortunately, since he ticketed me for not responding to his verbal commands, rather than for not moving over, I’m not sure I would have a very strong case if I pleaded not guilty and went to court. I spoke with my traffic lawyer, who I’ve used twice in the past, and he advised me that since the ticket would be heard in New York State court, I would be unable to plea bargain the case down to a lesser moving violation and for any chance of a dismissal I would have to appear and testify.
I think I’m just going to plead guilty and take a defensive driving course to eliminate the points once I’m eligible again (I took one less than 18 months ago). I think if I take this to trial, it would just be a case of my word against his and the judge would rule in the officer’s favor. I don’t feel like having to take a morning or afternoon off from work, pay my lawyer for his services and be subject to an additional administrative surcharge for taking the case to court and losing.
Does anyone know if there is a fixed fine attached to this statute? My lawyer said he believed it was $130.00 based on the ticket, which says that is the fine for “most other violations” not listed on the ticket. However, based on my Web research, it seems the fine could be as high as $275.00. Is it just up to the judge how much to charge? If so, do I send anything with the ticket if I plead guilty or send the ticket in and wait for a bill?
Hi Crow,
Can you share the exact section of VTL law that appears on the ticket? That can help us maybe give you a second opinion.
The section listed on the ticket was 1144A.
Ok, I see. You have a few options. If you plead guilty, the fine is usually $275.00 and 3 points will be added to your New York state driving history. If you plead not guilty, you have the opportunity to have a trial or seek a reduction. Many courts, however, will not offer any plea bargain reductions for these tickets. I hope that helps, but if you have any other questions, please feel free to give us a call – (518) 465-2211. Best wishes!