Questions from drivers about VTL 1211(b), Backing on a Controlled-Access Highway, answered by the Benjamin Goldman Law Office. For penalties, points, and defense options, read the VTL 1211(b), Backing on a Controlled-Access Highway.
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?
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.
The fine is $138, but the points are more important and usually more costly. Your narrative is not particularly helpful. However, a lawyer can appear in court for you and can challenge the ticket for legal insufficiency or find other grounds for dismissal.
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. An experienced 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 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?
No.
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. Viewing this site does not create an attorney–client relationship. Readers should not act or refrain from acting based on this information without seeking professional counsel from an attorney licensed in the state where the citation was issued.
Benjamin Goldman Law Office
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 hopefully no points.