VTL § 1122(b) “Failed to Give Way”

Not to be confused with VTL § 1122(a) “Passed on Right”

VTL § 1122(b) concerns the proper behavior for a motorist that is being passed by another motorist. The statute requires that the motorist being passed defer to the motorist that is passing. The motorist being passed must not speed up until the passing motorist is free and clear. Under such circumstances, the motorist can also be cited with Reckless Driving among other possible statutes. Pleading guilty to this violation will put three points on your driving record. It will take approximately 3-4 years for it to clear from your standard driving record. It will remain permanently on your lifetime driving record. Such violations on your record typically cause increased insurance rates. The exact fine is determined by the assigned judge, with the maximum being $150 + $93 surcharge.

Text of the statute

Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

Disputing a 1122(b) Ticket

In New York State, motorists can retain counsel to handle their traffic ticket. The law firm will file the Not Guilty plea and make any necessary court appearances in the place of the Defendant. The ticket can be dismissed or reduced, and the Defendant will not have to leave their house. For more information, you can contact the Benjamin Goldman Law Office.

Contrary to urban legend, it is not unethical or illegal to plead Not Guilty to a traffic ticket. Pleading “not guilty” merely means that you are utilizing your rights to require that the ticketing officer prove the alleged charges. Pleading “not guilty” does not mean you are claiming that the ticketing officer was mistaken or lying. A “not guilty” plea can be filed whether the charges are true, false, or partially true.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. We have experience fighting this particular ticket. Attorneys from our firm have been able to get 1122(b) charges reduced to parking tickets or dismissed in Philipstown and Lafayette, among other courts. Our team will be glad to review your ticket and let you know how we can help. For more information, feel free to get in touch with us. We are available to answer or reply during regular business. Consultations are free.

Fight a VTL § 1122(b) Ticket