Car driving over the median of a two lane road

VTL § 1126(a) “Driving to Left of Pavement Markings”

A ticket for violating VTL § 1126-a is issued most frequently when it is alleged that a motorist crosses a double yellow line into the opposite lane of traffic. Under the alleged circumstances, the motorist can also be cited with Driving Across Hazard Markings (VTL 1128-d), Disobeying a Traffic Control Device (VTL 1110-a), among other statutes. Pleading guilty to this charge or being found guilty of this charge will put three points on your driving record. The exact fine is up to the judge with the maximum being $150 + $93 mandatory surcharge for a first-time offense. The violation will remain on your driving abstract for approximately 3-4 years after the date of conviction. Your insurance company will in all likelihood raise your rates with this violation appearing on your driving record.

Text of the statute (link)

When official markings are in place indicating those portions of any highway where overtaking and passing or driving to the left of such markings would be especially hazardous, no driver of a vehicle proceeding along such highway shall at any time drive on the left side of such markings

Fighting a 1126a Ticket

What many people do not realize is that it is not illegal or unethical to plead Not Guilty to this violation even if the allegations are true. This is because a Not Guilty plea does not mean you are asserting that the ticketing officer was mistaken or lying. Pleading Not Guilty merely means that you are utilizing your constitutional rights to require that the ticketing officer prove the charges. A motorist that receives a traffic ticket can fight the charges whether they are true, false, or partially true.

In New York State, motorists can retain a law firm to handle their traffic in its entirety. This means your lawyer can file the Not Guilty plea and any other paperwork for you and make any necessary court appearances in your place. You can get the charges reduced or dismissed without taking time off from work or even leaving your home. For more information, you can contact the team at the Benjamin Goldman Law Office. Consultations are complimentary.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. We help motorists all across the state. Our firm has gotten 1126(a) tickets reduced to parking tickets or dismissed in many courts. They include Woodridge, Wawarsing, Bethel, Brooklyn, Thompson, Marlborough, Groveland, Geneseo, Bedford, Wilmington, Colchester, and Mendon. Lawyers at the Benjamin Goldman Law Office are diligent and persistent in their quest to get points off. They pursue all possible avenues and utilize all possible techniques in order to obtain the most optimal disposition. We will be glad to take on your 1126a charges. Contact us at your convenience. We look forward to working on your case.

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Community Discussion

Questions? Thoughts? Let us know down below!

Anonymous

NYC violation ticket for "Driving to left of pavement markings". Any chance to reduce the impact I'm a resident of Virginia and came to Niagara Falls over the long weekend. While returning to VA, I was driving on 219 S where there are a lot of safe pass with care roads. For a sec, I couldn't see properly and thought it was a safe pass road, I crossed left of pavement marking near Ellicottville, NY to cross another vehicle which was driving roughly at 10mph in a 40mph zone. The main reason for crossing a vehicle is that I'm new to this area and looking for an urgent restroom. I don't have any pictures of the pavement. I'm terrified when the cop caught me since it was my first incident, so I left the location after the ticket. I have been driving in the US for 11 years and have maintained a good driving record (absolutely zero tickets). Having said that, I'd like to understand if the case can be dismissed by any chance or potentially reduce the impact on my driving record. Please let me know my options.

July 8, 2024

Benjamin Goldman Law Office

Replying to @Anonymous

This ticket can be reduced to a parking ticket if handled properly.

July 8, 2024

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If you were hurt by a person who drove across hazard markings, feel free to reach out to the Sternberg Injury Law Firm for a free 10 minute 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.