The officers did a u-turn. Also do you know what the penalty will be if he does not fight it as he lives in PA?
Hello again. I have to look into the actual statute to see what the circumstances must be in order for him to be accused of ignoring them.
Can you give me just a little time as I don't have my penal law on me and I have to research it
Ok I need to know the statute-is it 1144?
It should say on the ticket
I'll check back a little later for you.
There are a few statutes that are similar but not the same
I just want to be sure which statute he was ticketed for. Most likely it was 1144-a, also known as NY's "Move Over Law" which is a moving violation which carries a large fine and 3 points. (if he doesn't fight it)
If that is the statute, I can give you more info, but if it's not, let me know so I can proceed.
yes it is 1144-aa
Ok thank you
Protects law enforcement officers, emergency workers, tow and service vehicle operators and other maintenance workers stopped along roadways while performing their duties.
As far as the penalty goes if your son decides not to fight it
The fine is pretty hefty
Up to $150 but I would be more concerned with points (3)
The key point of the statute as it was amended in 2012 is that it requires the driver to exercise "due care" which can be interpreted in many ways (which is why the law is generally vague) and can include just pulling over to the shoulder or reducing speed
If your son was not speeding or blocking the vehicle, or committing any other infraction, and thinks he can make an argument for exercising "due care" he should fight it.
Not all tickets are worth fighting, but this one, depending on the circumstances, which only your son really knows for sure, is a good candidate because it a discretion based law as opposed to something straight forward, like speeding. If you speed it's easy to say you did it or you didn't. Here, you are basically making a judgment call and by fighting the ticket you are saying your judgment call was to proceed as you did (as your son did) and he would explain why his behavior was responsible and within the statute's definintion of "due care"
Even if he doesn't win straight out, he might be able to get the points reduced or the fine reduced
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