VTL 1110(a) Traffic Ticket Lawyer in New York

The Benjamin Goldman Law Office is a New York State Traffic Ticket defense firm. We operate across the entire New York State and have seen much success fighting tickets. Our firm has helped many motorists get dismissals or reductions of their 1110(a) ticket. It does not matter if the citation was issued as part of a roadside reduction or if you were given a plea offer from a prosecutor. Feel free to get in touch with information about your case and we will let you know what we can do for you. At the Benjamin Goldman Law Office, consultations are free.

What Does Failure to Obey Traffic Control Device Mean?

"Failure to obey a traffic control device" means not following the instructions of an official sign, signal, or pavement marking placed to regulate traffic. In New York it is charged under VTL § 1110(a). Common examples include running a red light, failing to stop at a stop sign, making an illegal turn, or disobeying lane markings. According to the NY DMV, a conviction adds 2 points; fines and surcharges apply (e.g., up to $243 outside NYC, $138 in NYC).

• Definition: A traffic control device is any sign, signal, marking, or official device that regulates, warns, or guides traffic; you must obey it unless directed otherwise by a police or traffic officer (per VTL 1110(a)).
• Examples: Running a red light, ignoring a stop or yield sign, illegal turn, crossing solid lines, or disobeying lane-closure or wrong-way signs.
• Penalties: Per the NY DMV, a conviction adds 2 points; fines and surcharges can affect insurance. A lawyer can often seek a reduction to a non-point violation or dismissal.

How Many Points for Disobeying a Traffic Control Device?

In New York, a conviction for disobeying a traffic control device under VTL § 1110(a) adds 2 points to your license. According to the NY DMV points schedule, failure to obey a traffic control device is a 2-point violation. Fines are up to $150 plus surcharge outside NYC ($243 total) or $138 in NYC.

VTL § 1110(a) - Disobeying a Traffic Control Device

The most common tickets issued in New York are for speeding violations. In second place are tickets for violating Vehicle & Traffic Law § 1110(a), Disobeying a Traffic Control Device. This statute is “popular” with law enforcement because it is a catch-all and includes almost any type of moving violation. If convicted, it will give you two points on your New York driving record. In New York City, the fine is $138 ($40 fine + $88 mandatory surcharge). Outside of New York City, the fine is up to the judge. The maximum for a first-time offender is $243 ($150 plus a $93 mandatory surcharge).

Statute

The language is brief and to the point:

Every person shall obey the instructions of any official traffic-control device applicable to him placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this title.

How to Beat a 1110a Ticket

To beat a VTL 1110(a) ticket in New York, plead not guilty and request a hearing. Defenses include showing the traffic control device was not official, not properly placed or visible, or that you were directed by an officer to proceed. Per the NY DMV, a conviction adds 2 points; fines are up to $150 plus surcharge outside NYC ($243 total) or $138 in NYC. An experienced traffic lawyer can often negotiate a reduction to a non-point violation or dismissal.

• Plead not guilty: Always plead not guilty and request a hearing so you can present defenses (e.g., device not visible or obstructed, or you followed an officer’s direction). Per VTL 1110(a), you must obey devices “unless otherwise directed by a traffic or police officer.”
• Points and fines: According to the NY DMV, a conviction adds 2 points. Maximum fine is $150 plus $93 surcharge outside NYC; in NYC the total is $138.
• Lawyer help: A traffic lawyer can appear for you and often seek a reduction to a non-point violation or dismissal, especially if the device was unclear or you have a strong defense.

Disputing an 1110-a Ticket

A motorist in fact fails to follow a sign. A classic example is a sign that says, “no right turn” and the motorist in fact turns right, thereby disobeying a traffic control device.

Officers sometimes use this violation as a "roadside reduction.” For example, an officer stops you for speeding. But instead of issuing a citation for speeding, the officer issues a citation for disobeying a traffic control device. An 1110(a) is always preferred over a speeding violation. It will carry less points, have a lower fine, and most importantly impact insurance rates less than a speeding violation. Technically, Disobeying a Traffic Control Device is a proper charge for speeding because the allegation is that the motorist disobeyed the speed sign, which is a traffic control device.

Along the same lines, an 1110(a) is often used by prosecutors as a plea bargain offer. For example, someone gets a speeding ticket and wants to get their charge reduced in court. When they appear in court, they may be offered to plead guilty to 1110(a) instead of the speeding charge. This is a charge that is most preferred by courts and prosecutors because it does not require a “legal fiction”. It does not require a motorist to plead guilty to something they did not do. The fact is any violation you received can in all likelihood be considered “disobeying a traffic control device.” So if you were speeding and you plead guilty to disobeying a traffic control device, you are pleading guilty to something that you in fact did.

In unfortunate circumstances, you will get this ticket as part of a double charge. For example, if you fail to stop at a stop sign and are issued two tickets. First you get a ticket for failing to stop at a stop sign. Then you get another ticket for disobeying a traffic control device. Both charges are technically correct, but this is an example of improper redundant charging. This should be fought.

Common Questions about VTL 1110(a)

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