VTL § 1151-a, “Failed to Yield to Pedestrian on Sidewalk (Emerging From Driveway / Alleyway)”

Vehicle & Traffic Law § 1151(a) concerns the requirement to yield to pedestrians in crosswalks. VTL § 1151-a is similar and concerns the requirement to yield to pedestrians that are crossing a driveway (not an intersection) while walking on a sidewalk. If you are convicted (whether with a guilty plea or after trial) you will get 3 points on your New York State driver’s license. The exact fine is up to the judge, with the maximum being $150 + $93 surcharge. With the violation appearing on your driving record, you can expect to see your insurance premiums increase.

Text of Statute

Vehicle & Traffic Law § 1151-a provides as follows:

The driver of a vehicle emerging from or entering an alleyway, building, private road or driveway shall yield the right of way to any pedestrian approaching on any sidewalk extending across such alleyway, building entrance, road or driveway.

Disputing a VTL 1151A Ticket

A common misconception is that a ticketed motorist can only plead Not Guilty if they believe the allegations are not true. This is a misunderstanding of how the justice system functions in the United States. Stating or filing “Not Guilty” does not mean you are claiming that the allegations are untrue. Pleading “Not Guilty” merely means you are utilizing your civil liberties to require the government to prove their case. There is nothing illegal or immoral to submitting a Not Guilty plea under any circumstances.

In many cases, instead of going through the burden of establishing a prima facie case, the government (i.e. officer or prosecutor) will present you with a plea bargain offer. The plea offer would reduce or eliminate the points and will usually lower the fine. It would also minimize or eliminate the exposure to increased insurance rates.

Retaining a traffic ticket law firm is often a worthwhile investment. Firstly, your attorney can file the Not Guilty plea in court for you and make any necessary court appearances in your place. Secondly, an experienced and tough traffic lawyer puts you in the best position to obtain the most optimal disposition that is available under the circumstances.

Benjamin Goldman Law Office PC

The Benjamin Goldman Law Office is a law firm that primarily practices Vehicle & Traffic Law. We have experience with most traffic related charges. Our firm also handles cases in most of the courts in New York State. We help clients in all New York State regions including Buffalo Region, North Country, Central New York, Southern Tier, Mohawk Valley, Hudson Valley, Finger Lakes, Catskills, Long Island, and New York City. For information on how we can help, just reach out with a copy of the ticket handy. The team at the Benjamin Goldman Law Office is available during regular business hours EST via phone call, text message, email, or website submission. We provide all motorists with a complimentary consultation.

Fight a VTL § 1151-a Ticket