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SmithEsq
SmithEsq, Attorney
Category: Traffic Law
Satisfied Customers: 114
Experience:  Criminal Law Attorney with extensive trial experience.
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my son was traveling noth on a two lane highway in Warrensburg

Customer Question

my son was traveling noth on a two lane highway in Warrensburg Ny. A State trooper was on the south bound shoulder with lights flashing. My son proceeded north at the legal speed limit. He was stopped his car was search and ticketed for FLD DUE CARE EMERG VEH STOPPED OR STANDING. was this within the scope of this law.
Submitted: 1 year ago.
Category: Traffic Law
Expert:  SmithEsq replied 1 year ago.

SmithEsq : Good morning! Thank you for requesting me.
SmithEsq : As I understand it, the ticket is for failing to stop for an emergency vehicle in the opposing lane of traffic?
SmithEsq : Did the vehicle do a u-turn to give him the ticket or did a different police car give him the ticket?
SmithEsq : Ill be back on in about three hours-sooner if possible. Your answers will help me help you, but it sounds like the kind of discretionary situation that he could fight legitimately with various positive results.
SmithEsq : ok I'm back online
SmithEsq : Since you're not online right now I'll check back periodically until we connect.
Customer:

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?

SmithEsq :

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.

SmithEsq :

Can you give me just a little time as I don't have my penal law on me and I have to research it

SmithEsq :

Ok I need to know the statute-is it 1144?

SmithEsq :

It should say on the ticket

SmithEsq :

I'll check back a little later for you.

SmithEsq :

There are a few statutes that are similar but not the same

SmithEsq :

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)

SmithEsq :

If that is the statute, I can give you more info, but if it's not, let me know so I can proceed.

Customer:

yes it is 1144-aa

SmithEsq :

Ok thank you

SmithEsq :

Protects law enforcement officers, emergency workers, tow and service vehicle operators and other maintenance workers stopped along roadways while performing their duties.



  • Drivers must use due care when approaching an emergency vehicle that displays red and/or white emergency lighting:

    • On all roads and highways, drivers must reduce speed;



  • On Parkways and other controlled access highways with multiple lanes, when approaching an emergency vehicle that displays red and/or white emergency lighting or a hazard vehicle displaying flashing XXXXX XXXXXghting, driversmust move from the lane immediately adjacent to the emergency or hazard vehicle, unless traffic or other hazards exist to prevent doing so safely.

SmithEsq :

As far as the penalty goes if your son decides not to fight it

SmithEsq :

The fine is pretty hefty

SmithEsq :

Up to $150 but I would be more concerned with points (3)

SmithEsq :

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

SmithEsq :

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.

SmithEsq :

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"

SmithEsq :

Even if he doesn't win straight out, he might be able to get the points reduced or the fine reduced

Customer:

Thank you

SmithEsq, Attorney
Category: Traffic Law
Satisfied Customers: 114
Experience: Criminal Law Attorney with extensive trial experience.
SmithEsq and 3 other Traffic Law Specialists are ready to help you

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