VTL § 1171(e), “CMV Driver Failed to Obey a Traffic Control Device or Direction of a PO at a Railroad Grade Crossing.”

New York State Vehicle and Traffic Law (VTL) § 1171(e) requires that drivers of commercial vehicles obey signs or the directions of a police officer at a railroad crossing. Not following a sign or the direction of a police officer is by itself a traffic violation, but when it happens at a railroad crossing the penalties are more severe. The maximum fine for a first-time violation of VTL 1171E is $150 +$93 surcharge. More significantly, a conviction of this traffic violation will result in the imposition of five points on your New York driving record. The violation also appears on your CDL record and may result in the loss of CDL privileges.

Statute

The wording of VTL § 1171(e) provides:

Notwithstanding any other provision of law, every operator of a commercial motor vehicle shall obey a traffic control device or the directions of a police officer at a railroad grade crossing.

Fighting an 1171-e Ticket

It is likely imperative that the recipient of this traffic ticket take the necessary legal steps to ensure that the violation does not appear on their driving record. Challenging such charge would likely save the motorist from increased insurance premiums, loss of driving privileges, and allow the motorist to continue obtaining employment as a CDL driver.

Retaining counsel to fight your ticket has several advantages. A traffic ticket attorney is well versed in traffic law, court procedures, and possible defenses. An experienced traffic lawyer is in the best position to beat the charges. Your attorney can probably make any necessary court appearances in your place, saving you the time and allowing you to avoid the stress of appearing in court. Most importantly you would not have to take off from work for this ticket.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. Our firm focuses almost exclusively on Traffic Law. Our firm helps clients in all areas of New York State including Long Island, New York City, Hudson Valley, Catskill Mountains, Upstate New York, Capital District, Mohawk Valley, Central New York, Southern Tier, Western New York, and the region known as North Country. The team at the Benjamin Goldman Law Office has substantial experience in all types of traffic-related charges. We are confident that we can help with your 1171e traffic ticket. Please feel free to get in touch with us at your convenience and we can discuss your case in detail. The Benjamin Goldman Law Office provides all motorists with a free consultation. Our firm can be reached by text message, email, website submission, or phone call.

Fight a VTL § 1171(e) Ticket