How do you normally get a disobeying traffic control device ticket in NY?
In New York City (and throughout New York State), "Disobeying Traffic Control Devices" is a violation of Section 1110(a) of the Vehicle and Traffic Law (VTL). This is a broad statute that covers many different actions. Essentially, it means failing to obey any official traffic control device – not just traffic lights or stop signs, but any official sign, signal, marking, or device placed by traffic or road authorities.
Here's how one might typically receive a "Disobeying Traffic Control Devices" ticket in NYC:
- Ignoring Signs: This can be any official traffic sign, like a "No Turn on Red," "No U-Turn," "Do Not Enter," or "One Way" sign.
- Failing to Obey Pavement Markings: This includes actions like driving in a bike lane, crossing double yellow lines, or not staying in one's lane as indicated by road markings.
- Driving Against Traffic: For instance, going the wrong way on a one-way street.
- Disregarding Lane Control Signals: Overhead signals, especially in tunnels or on bridges, that indicate a lane is closed or open to certain types of traffic (like during high-occupancy vehicle hours).
- Ignoring Other Roadway Devices: This might include bypassing barriers or cones set up for construction zones or special events.
- Pedestrian Signals: If a driver does not obey signals meant for pedestrian control (like failing to stop for pedestrians at a crosswalk when the pedestrian has the signal), it could fall under this violation.
- Not Following Instructions of a Traffic Control Officer: If there's a person directing traffic – perhaps due to construction, an event, or an accident – and a driver disobeys their directions, it could result in a ticket.
Receiving a ticket for disobeying a traffic control device in NYC carries a fine and points on the driver's license. It's a broad charge, often used when a specific violation doesn't apply but the driver's actions were still contrary to the general directives of official traffic controls.
Is it worth it challenging a disobeying traffic control devices ticket in NY?
Whether it's worth challenging a "Disobeying Traffic Control Devices" ticket in NY depends on various factors. Here are some considerations to help you determine if it's worth pursuing:
- Points on Your License: In New York, a conviction for disobeying a traffic control device results in two points on your license. Accumulating 11 points within an 18-month period can lead to a suspension. If you're close to this limit or already have points on your record, challenging the ticket might be in your best interest.
- Insurance Premiums: Convictions for traffic violations can increase your insurance rates. Insurers may see them as evidence of risky driving behavior.
- Evidence: If you have evidence (like photos, videos, or eyewitness accounts) that supports your claim that you did not disobey a traffic control device, it can significantly bolster your case.
- Ambiguous or Unclear Signs/Markings: If the traffic control device you're accused of disobeying was not clearly visible, obstructed, or in any way ambiguous, you might have a valid defense.
- Cost of the Fine vs. Legal Representation: Weigh the ticket's cost against the potential legal fees if you decide to hire a lawyer. In some cases, the cost of challenging the ticket might be higher than simply paying it. However, you also have to factor in potential long-term costs like increased insurance premiums.
- Time and Effort: Challenging a ticket can be time-consuming. Consider if you're willing to invest the time to prepare your case, possibly appear in court, and handle related tasks.
- Possible Reduction: Even if you believe you're guilty, there's still a possibility to negotiate the ticket down to a lesser violation or have the penalties reduced. This can be particularly beneficial if you're concerned about points or insurance implications.
- Legal Advice: A traffic attorney can evaluate the specifics of your situation and provide guidance on whether it's worth challenging the ticket. They'll have knowledge about how these cases are typically handled in NYC courts.
- Moral or Principled Reasons: Some people choose to challenge tickets because they genuinely believe they did nothing wrong and feel it's essential to defend themselves on principle.
In summary, while there's no definitive answer for everyone, these factors can guide you in deciding whether to challenge a "Disobeying Traffic Control Devices" ticket in NYC. It's essential to weigh the potential benefits against the costs and inconveniences.