Vehicle & Traffic Law § 1128(c) “Failed to use Designated Lane”

A ticket for violating VTL § 1128-c is issued when it is alleged that a motorist was in the left lane and not passing or was passing in the right lane. Even if there are no signs designating lanes, by default, the right lane is for driving and the left lane is for passing. If the officer has probable cause that you did not use the designated lane, they can issue a ticket for violating VTL 1128-c.

Under the alleged circumstances, the motorist can also be cited with Failed to Keep Right (VTL 1120a), Disobeying a Traffic Control Device (VTL 1110a), Passing on Right (VTL 1122a), among other statutes. Pleading guilty to this charge or being found guilty of this charge will put three points on your driving record. The exact fine is up to the judge with the maximum being $150 + $93 mandatory surcharge.

The violation will remain on your driving abstract for approximately 3-4 years after the date of conviction. Your insurance company will in all likelihood raise your rates with this violation appearing on your driving record. In our experience, a 1128c ticket is usually issued along with other tickets. Multiple infractions on your driving record usually means that your insurance company takes the individual violations more seriously as it indicates you’re a high-risk motorist.

Text of the Statute (link)

When official traffic-control devices direct slow-moving traffic, trucks, buses or specified types of vehicles to use a designated lane or designate those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, drivers of vehicles shall obey the directions of every such sign, signal or marking.

Fighting a 1128(c) Ticket

There are various defenses to this ticket. Simply arguing in court what did or did not happen does not really work. Most good defenses are procedural in nature, when the prosecutor or the police officer fails to comply with certain requirements to establish a prima facie case.

Many people are chagrined to plead Not Guilty to a traffic ticket if the allegations are true. This is a mistake. Pleading Not Guilty does not mean you are claiming that the ticketing officer was mistaken or lying. Pleading Not Guilty merely means that you are utilizing your constitutional rights to require that the ticketing officer prove the charges. Thus, it is never illegal or immoral to plead Not Guilty to any traffic charges. Any motorist that receives a traffic ticket can fight the charges whether they are entirely true, entirely false, or something in between.

New York State law provides that motorists can have a lawyer handle their traffic in its entirety. This means your attorney can file the Not Guilty plea and any other paperwork for you and make any necessary court appearances in your place. The charges can be reduced or dismissed without you taking time off from work or even leaving your house. For more detailed information, you can contact the team at the Benjamin Goldman Law Office. Consultations are free.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. We help motorists all across the state. Our firm has gotten many 1128(c) tickets reduced to parking tickets or dismissed in numerous different courts. They include Lake Success, Queens, Woodbury, Lewiston, Plattekill, Wheatland, Tuxedo, Wilton, North Hills, and Brooklyn.

Attorneys at the Benjamin Goldman Law Office are diligent and persistent in their quest to obtain the most optimal disposition for each ticket. They utilize all possible techniques and pursue all possible avenues in order to get the best possible result. The many five-star reviews are a testament to these efforts. We will be glad to take on your 1128c ticket. Contact us at your convenience. We look forward to working on your case.

Fight a VTL § 1128-c Ticket