The description of violation on the ticket may be “FLD/YLD RT-OF-WAY WHEN ENTERG RDWY”
Vehicle & Traffic Law § 1143 is related to the requirement that motorists entering a roadway or highway yield to motorists that are already in the roadway or highway. The failure to do as much can result in a traffic ticket for violating VTL 1143. A conviction of this violation, whether by guilty plea or after trial, will result in three points on your driving record. The exact fine is determined by the justice assigned to the case. The maximum is $150 plus a $93 mandatory state ($88 in NYC) surcharge for a first-time offense. The costlier consequence of this traffic ticket is usually the higher insurance premiums. With such violations appearing on your driving record, you can expect your insurance company to increase your rates.
The statute is one sentence and provides as follows:
The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right of way to all vehicles approaching on the roadway to be entered or crossed.
Motorists often assume that their ticket is an “open and shut case” and of no use fighting. This is incorrect. This particular ticket can be challenged on various technical and procedural grounds. In addition, the Constitution mandates that the “People” have the burden of establishing a case and they often fall short of meeting this burden.
New York State law allows attorneys to attend court in the place of their clients for traffic tickets. The attorneys can even conduct a trial without the Defendant appearing in court. This means someone else can fight your ticket without you even leaving your home or having to take off from work. When considering retaining an attorney for your traffic ticket there are two items to consider: (1) The proximity of the lawyer to the location of the courthouse. An attorney that is in the area of the court is usually better equipped, for several reasons, to fight the charges. (2) The percentage of the lawyers’ practice that is dedicated to Traffic Law in New York. It should be approximately 75%.
The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. Our attorneys help clients in courts in all the New York regions including New York City, Long Island, Hudson Valley, Southern Tier, Capital District, Catskills, Mohawk Valley, Central New York, Finger Lakes, North County, and Western New York. Feel free to reach out for more detailed information on our previous cases or how we can help with your case. We are available via phone call, email, or text message during regular business hours. The team at the Benjamin Goldman Law Office provides all motorists with a complimentary consultation. Our attorneys look forward to working with you on your case.
If you were injured by a driver who failed to yield, the attorneys at the Sternberg Injury Law Firm may be able to help.
Disclaimer: All the content of this website has been prepared by Benjamin Goldman Law Office PC for informational purposes only and does not constitute legal advice. The information on this website shall not be construed as an offer to represent you, nor is it intended to create, nor shall the receipt of such information constitute, an attorney-client relationship. Our hope is that you will find the information useful and informative, and we would be happy to communicate with you and answer any questions you may have about our legal services. Readers should not act upon the information on this website, or decide not to act based upon the information on this website, without first seeking appropriate professional counsel from an attorney licensed in the home state of the drivers license of the person who received the relevant traffic citation.