VTL § 1211(a), “Backing Unsafely” or “Unsafe Backing"
Vehicle & Traffic Law § 1211a concerns the proper conduct of motorists that are going in reverse, i.e. backing up. This ticket is often issued in connection with a traffic accident. If you are found guilty after trial or you plead guilty to this violation you will get two points on your New York State driving record. The fine is determined by the assigned judge with the maximum being $150 + $93 mandatory surcharge. The bigger cost from this ticket is the increased insurance rates. With this violation appearing on your driving abstract, you can expect to see higher insurance premiums for the subsequent several years.
Text of statute
VTL § 1211(a) provides:
§ 1211. Limitations on backing. (a) The driver of a vehicle shall not back the same unless such movement can be made with safety and without interfering with other traffic.
Fighting a VTL 1211A Ticket
Motorists that receive a traffic ticket can dispute the charges regardless of whether the allegations are correct or incorrect. Pleading Not Guilty to charges that are correct is not illegal or immoral. This is because pleading Not Guilty does not mean you are stating whether the charges are correct or incorrect. Rather, pleading Not Guilty means you are telling the court that you wish to avail yourself of your Constitutional rights to require the “People” to prove their case. This is not so simple for the police officer, especially if this was an accident case and the police officer came to the scene in response to a call.
In New York State, you can retain a law firm to handle your traffic ticket in its entirety. Your attorney can file the Not Guilty plea for you and make any court appearances in your place. It is possible to get your charges dismissed or reduced without taking off from work or leaving your home. For more detailed information, you can contact the team at the Benjamin Goldman Law Office.
Benjamin Goldman Law Office
The Benjamin Goldman Law Office practices Vehicle & Traffic Law. Our firm has particular experience fighting 1211-(A) tickets. We have gotten such charges reduced to parking tickets or dismissed in many courts. A partial list of courts where we have successfully handled 1211(a) tickets includes: Hunter, Brooklyn, Tonawanda, Yorkshire, Cape Vincent, Saratoga Springs, Yonkers, Mamakating, Canastota, and Bath. The Benjamin Goldman Law Office is ready, willing, and able to take on your traffic ticket. We provide free consultations to all motorists. Contact us at your convenience, whether by phone call, text message, email, or website submission. Our team looks forward to taking on your case.
Common Questions about VTL 1211(a)
Do You Need an Accident to Get a VTL 1211(a) Ticket? +
No. Under VTL § 1211(a), a ticket can be issued whether or not a collision occurs. An officer who personally observes a vehicle back up without safety or without yielding to traffic can write the ticket on the spot. In practice, however, many 1211(a) tickets follow a backing accident, where the officer responds after the fact and cites the driver based on damage and witness statements.
- No collision needed for a citation: Per VTL § 1211(a), the violation is defined by the manner of backing, not by any resulting damage, so an officer who watches a driver back up unsafely can issue a ticket even if no accident happens.
- Most tickets follow a backing accident: In our experience handling 1211(a) cases, officers most often issue this ticket after responding to a reported collision, relying on vehicle damage and driver/witness statements rather than personally observing the backing maneuver.
Other Traffic Violations We Handle
Community Discussion
Questions? Thoughts? Let us know down below!
Could I face any additional penalty because my traffic fine was paid one minute after the deadline? I had until April 30 to pay a fine for unsafe backing, but I forgot until late that night. The online payment posted at 12:01 a.m. on May 1. My plea paperwork says that not paying could lead to a civil judgment. Since I paid the entire amount, even though it was technically late, can that still happen?
I am a CDL-A hazmat driver, and I am worried that this unsafe-backing ticket could hurt my career. What is the best way to fight it, and what penalties might I be facing? I was delivering heating oil in a straight truck on a two-lane road. As I approached the delivery location, I put on my hazard lights. I stopped just beyond the house to make sure I had the correct address, then started backing toward the driveway. I did not realize a car had stopped directly behind my truck. It was close enough that I could not see it in any mirror. I backed up very slowly, only about a foot or two, until I heard the driver honk. I stopped right away, but the car had damage to its bumper and headlights. The police came and gave me a ticket. I thought I handled the situation properly by using my flashers, checking my mirrors, and moving slowly. I also do not understand why the car stayed behind me instead of going around while I was stopped with the hazards on. Should I hire an attorney, or is entering a not-guilty plea likely to lead to the same result? What could happen with this ticket?
Because your CDL affects your ability to earn a living, it is worth contesting this type of ticket as strongly as possible. A traffic-ticket lawyer can give you the strongest chance of defeating the charge and may be able to appear in court for you when needed. A full dismissal may be possible.
Could an NYC ticket under VTL 1211(a) be thrown out if I backed up in an intersection while turning left? I had a green light and misjudged a left turn at a narrow intersection. To keep my right front tire from going onto the sidewalk, I backed up a little so I could finish the turn. Larger vehicles like buses and trucks sometimes have to do this when making turns in the city. The officer gave me the ticket solely because people who wanted to cross had to wait. I did not see anyone whose movement I blocked or put at risk. I stayed in the roadway and did not reverse across the crosswalk markings behind me. The pedestrians the officer referred to may have been standing on the sidewalk waiting for their signal to cross behind my vehicle. Am I clearly guilty of unsafe backing under these circumstances? The ticket does not list a fine, just guilty or not guilty.
Based on your account, especially if the officer describes the incident the same way, those facts are not particularly helpful. A lawyer can appear in court for you and may challenge the ticket for legal insufficiency.
I was in a parking lot backing out of my spot and bumped into a car behind me. I had waited for two or three cars to go by and was moving slowly, but the other car was there as I continued backing out. I was not all the way out of the space when it happened. The officer gave me a ticket for unsafe backing. I want to fight it, but what fines or points could I be facing?
An unsafe-backing charge under VTL 1211(a) carries 2 points and can result in a fine of up to $243. A lawyer may be able to appear in court for you and seek a resolution with fewer points and a lower fine.
Can I get my New York junior license restored before my 60-day suspension ends? My license was suspended for 60 days after I received two speeding tickets and a ticket for backing up related to an accident. Is there any way to have it reinstated early?
You could attempt to have the underlying convictions vacated. Even if that is possible, though, the process would likely take more time than simply waiting out the 60-day suspension.
If you were injured by a motorist who was backing up, you can reach out to the Sternberg Injury Law Firm for a free consultation
Disclaimer: All the content of this website has been prepared by Benjamin Goldman Law Office PC for informational purposes only and does not constitute legal advice. The information on this website shall not be construed as an offer to represent you, nor is it intended to create, nor shall the receipt of such information constitute, an attorney-client relationship. Our hope is that you will find the information useful and informative, and we would be happy to communicate with you and answer any questions you may have about our legal services. Readers should not act upon the information on this website, or decide not to act based upon the information on this website, without first seeking appropriate professional counsel from an attorney licensed in the home state of the drivers license of the person who received the relevant traffic citation.
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