Vehicle & Traffic Law § 1162, “Unsafe Start”

VTL § 1162 relates to the requirement to start your vehicle in a safe manner. If you are found guilty of Unsafe Start or you plead guilty to Unsafe Start, you will get two points on your license. In the five boros of New York City the fine is $138. Outside of New York City, the maximum fine is $150 (exact amount is up to the judge) + $93 mandatory surcharge. Most importantly, such violations on your driving record typically cause increased insurance rates.

Statute

The wording of the relevant statute is as follows:

Starting parked vehicle. No person shall move a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety.

The wording of the statute is written in a vague manner giving rise to many possible defenses.

Fighting a 1162 Traffic Ticket

No traffic charges are an “open and shut” case. Traffic tickets can be won on several technical, procedural, and legal grounds, even if the allegations are entirely accurate. The US and NY Constitutions mandate that the “People” have the burden of establishing and proving a case. The People often fall short of meeting this burden.

In New York State, lawyers are generally permitted to attend court in the place of their clients. Counsel can even conduct a trial without their client being present. This means your attorney can fight your ticket without you leaving your home. When considering retaining a law firm for your traffic ticket there are two matters to consider: (1) The percentage of the law firm’s practice that is dedicated to Vehicle & Traffic Law. 75% should be the minimum. (2) The proximity of the law firm to the location of the courthouse. A lawyer that is in the area of the courthouse is usually in a better position, for various reasons, to get you the most optimal result.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York traffic ticket law firm. We handle traffic tickets all over the state. Our attorneys have gotten Unsafe Starting tickets reduced to parking tickets or dismissed in many courts including Crawford, Oneonta, Greece, and Lynbrook. Wherever court you must go to for your ticket, the attorneys at the Benjamin Goldman Law Office can be there for you. We can be reached during regular business hours via phone call, text message, email, or website submission. The Benjamin Goldman Law Office provides all motorists with free consultations. We look forward to working on your case.

Fight a VTL § 1162 Ticket