VTL § 1171 (c)(1), “CMV failed to slow at RR crossing to check tracks”

Vehicle & Traffic Law § 1171 (a) requires drivers of commercial motor vehicles to make a full stop at any railroad crossing. Vehicle & Traffic Law § 1171 (c)(1) now requires drivers of commercial motor vehicles to slow down sufficiently to make a full stop possible. The failure to slow down is considered a serious traffic violation. The fine maximum is $150 for a first-time offense, $500 for a second time offense, and $750 for a third offense. There is also a $88 surcharge in city court and $93 surcharge in a justice court. More importantly a conviction of this violation will put five points on your driving record, cause increased insurance rates, and put your CDL privileges at risk.

Text of Statute

The text of the statute reads as follows:

Every motor vehicle used in commerce with a gross vehicle weight rating of greater than ten thousand pounds not subject to the requirements of subdivision (a) of this section: (i) shall upon approaching a railroad grade crossing, be driven at a rate of speed which will permit said motor vehicle to be stopped before reaching the nearest rail of such crossing, and shall not be driven upon or over such crossing until due caution has been taken to ascertain that the course is clear

Fighting a § 1171-c-1 Ticket

It is most imperative that you try getting such a ticket reduced to a minor violation or dismissed. There are several possible defenses to this charge. It can be challenged practically, legally, technically, and procedurally. An experienced traffic ticket attorney is in the best position to fight your ticket. Your lawyer should also be able to make any court appearances in your place. For more detailed information, you can contact the team at the Benjamin Goldman Law Office. At our firm, consultations are complimentary.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office practices Traffic Law across New York State. Our firm should be able to help with any railroad-crossing related traffic charges. Attorneys at our firm have experience fighting many such violations. The Benjamin Goldman Law Office helps motorists in all areas of New York State, including Western New York, Finger Lakes, Central New York, Southern Tier, Mohawk Valley, Capital District, North Country, Catskills, Hudson Valley, Upstate New York, Long Island, and New York City. You can contact our team during regular business hours to discuss your VTL 1171C1 ticket. We will be glad to review the circumstances leading to the traffic stops and advise on your various options. You can get in touch with us via text message, email, or phone call. The Benjamin Goldman Law Office looks forward to working with you to beat your charges.

Fight a VTL § 1171 (c)(1) Ticket