VTL 1211(c), “Driver of Frozen Desserts Truck Backing to Make or Attempt a Sale”

One of the more obscure laws in New York State prohibits an ice cream truck driver from backing up in order to make a sale. Meaning, ice trucks can back up if need to but cannot back up in order to make a sale. The rationale of law is related to the understanding that it is usually children that are approaching ice cream trucks and children are not easily viewable when backing up.

If you are convicted (whether after trial or with a guilty plea) of VTL 1211C you will get two points on your New York State driver’s license. The exact fine is up to the judge, with the maximum being $243. In New York City, the fine is $138. If this violation were to appear on your driving record, you can expect to see increased insurance rates.

Text of Statute

(c) the driver of a motor vehicle engaged in retail sales of frozen desserts as that term is defined in subdivision thirty-seven of section three hundred seventy-five of this chapter directly to pedestrians shall not back the same to make or attempt to make a sale.

Disputing a 1211-C Ticket

A popular misconception is that you can only plead Not Guilty if you believe the allegations are not true. This misconception arises from a misunderstanding of how the justice system works in the United States. Pleading “Not Guilty” does not mean you are claiming that the allegations are not true. A “Not Guilty” plea simply means you are utilizing your Constitutional rights to require the government to prove their case. There is nothing illegal or immortal to submitting a Not Guilty plea to a charge that is entirely correct.

In many instances, instead of going through the burden of establishing a case, the government (i.e. prosecutor or officer) will present the defendant with a plea bargain offer. The plea offer would eliminate or reduce the points you are facing. It will usually also lower the fine. Most importantly, it would eliminate or minimize the liability of increased insurance rates.

Retaining a traffic ticket defense firm when facing traffic related charges is often a worthwhile investment. Firstly, your lawyer can file the Not Guilty plea in court and make any court appearances in your place. Secondly, an experienced and tough traffic attorney puts you in the best position to obtain the most optimal result.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State traffic ticket law firm. In full disclosure, our firm has never handled a VTL 1211c ticket, but we will be more than glad to try. Our firm takes on all types of traffic related charges and does not shy away from obscure or complicated cases.

The Benjamin Goldman Law Office represents motorists across New York State. Our firm takes on cases on Long Island, New York City, Hudson Valley, Upstate New York, Capital Region, North Country, Mohawk Valley, Central New York, Finger Lakes, Western New York, Southern Tier, and the Catskill Mountains. We provide all motorists with a free consultation and will be glad to hear about your case. Reach out at your convenience

Fight a VTL § 1211(c) Ticket