Motorists in New York are subject to strict rules regarding when and how they are allowed to change lanes. If you violate these laws and you make an unsafe lane change you could be charged with a moving violation. The consequences could be serious, as too many moving violations could actually put your driver’s license at risk of being lost.
In many situations, the question of whether a lane change was safe or not is a subjective one. You may be able to successfully dispute the accusations that you behaved in an unsafe manner in order to avoid a ticket, fines, and other possible penalties. You cannot just pay your ticket, though, if you want to challenge accusations made against you. Paying a traffic ticket is an admission you violated the law and you could give up your chance to make an argument that you didn’t do anything wrong.
NY Traffic Firm can help you to determine if you have legal grounds to fight the claim that you changed lanes in an unsafe way. Our legal team can assist you in trying to avoid being found guilty of an unsafe lane change so you don’t get stuck with a fine and left with a moving violation on your record.
New York Vehicle and Traffic Law Section 1128 establishes rules for lane changes on roads in the state. According to NY Vehicle and Traffic Law section 1128(a), motorists must stay in their lane unless and until the motorist determines that they could complete the process of changing lanes in a safe way.
NY VTL 1128(b) restricts motorists from making a left turn from the center lane if it is not safe to do so, and also mandates that motorists ensure they can safely pass another vehicle before attempting to execute this maneuver.
Both parts (c) and (d) of New York Vehicle and Traffic Law section 1128 also provide information for motorists on lane changes. These subsections of the law mandate that motorists obey all road markings and signs and prohibit motorists from crossing special lane markings, such as markings indicating a hazardous road.
Together, these laws impose substantial restrictions in order to ensure that a driver does not change lanes when doing so would create a safety risk. However, the vagueness of the law can impact the ability to convince the court that a motorist violated the law beyond a reasonable doubt. For example, if a motorist is accused of trying to pass another vehicle in an unsafe way, it can be a subjective question whether the motorist actually had a reasonable belief that passing was safe or not.
When a motorist is accused of an unsafe lane change, a motorist could be found to have committed a traffic infraction or violation. A motorist who made an unsafe lane change could be faced with a fine for the violation.
This moving violation can also result in three points on a driver’s license. Points accumulate over time if a driver repeatedly violates traffic safety laws. If a motorist gets 11 points over a period of 18-months, this can result in a hearing in which the driver faces a temporary license suspension. You do not want points on your license that could eventually add up and cause you to become unable to drive.
Points on you license and the record of the unsafe lane change in your driving history could also cause an insurer to substantially raise your car insurance rates. If you are trying to apply for a job or trying to continue working at a job where you must have a clean driving record, the unsafe lane change on your driving record could prevent you from taking advantage of the employment opportunity.
You don’t have roll over, pay the citation and be done. Over-eager traffic enforcement intermingles with errors every day. Always be ready to fight back. The odds are in your favor when you work with NY Traffic Firm.
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Because it can be difficult to prove whether a lane change was a safe one or not, many motorists can successfully fight allegations that they changed lanes in an unsafe way. If you have been accused of violating New York’s laws on safe lane changing, you should contact an experienced New York traffic ticket attorney to find out what your options are for trying to fight the claim that you broke the rules of the road.
NY Traffic Firm has helped many motorists to successfully avoid points and other penalties associated with unsafe lane changes. Our legal team can assist you in determining if you have any defenses to raise or if you can introduce doubt about whether you violated the rules.
We can also help you to negotiate a plea deal to try to reduce charges. Give us a call to find out more about how Simon Kabzan, Esq can help you.
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