Vehicle and Traffic Law § 1102, Failed to Comply With Lawful Order of Police/Flag Person

On your ticket the description of violation may appear as “FAILED TO COMPLY W/LAWFUL ORDER

Nature of the Violation

A ticket for violating VTL 1102 “Failed to Comply” is usually issued in connection with a motorist that does not pull over as soon as the police officer lights are turned on or pulls over to the left side of the road instead of the right side of the road. The New York Court of Appeals in People v. Loren ruled that VTL § 1102 permits a fire chief to empower firefighters to direct or regulate traffic at the scene of a car accident or fire.

Statute

The relevant text of the statute is as follows:

Obedience to police officers and flagpersons. No person shall fail or refuse to comply with any lawful order or direction of any police officer or flagperson or other person duly empowered to regulate traffic.

Consequences of Conviction

Due to the nature of the charges, this ticket is usually issued along with another ticket, the initial basis of the traffic stop. If you plead guilty or are found guilty of VTL 1102 you will get two points on your driver’s license. The exact fine is up to the judge, with the maximum being $150 + $93 surcharge for a first-time offense. The more significant cost is the possible increased insurance rates. This takes on greater importance for this ticket if it is combined with the secondary tickets you received at the traffic stop.

Plea Bargain

Our firm has also seen that some prosecutors offer VTL 1102 as a plea bargain, meaning you were charged with a high-point speeding ticket and the prosecutor is offering to reduce the speeding violation to 1102, which would carry less points and a lower fine. We have seen this particularly in Oswego County and Lewis County.

Disputing VTL 1102

There are many possible defenses to this charge, most of them are procedural and technical in nature. The Benjamin Goldman Law Office has seen much success in getting such charges dropped entirely or reduced to parking tickets. If you get this as a plea bargain offer and want a better deal, we will be glad to help as well. Contact us for a free consultation.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. We first opened in 2011 in Monticello, New York and since then have expanded our services across the entire state. Our firm takes on cases from The Bronx in New York City to Plattsburgh near the Canadian border. The Benjamin Goldman Law Office is focused on getting our clients the best possible results while providing optimal customer service. Our efforts are reflected in the many five-star reviews we have received. We will be glad to help with your 1102 ticket. Contact us at your convenience via phone call, text message, or email.