Vehicle & Traffic Law § 1128(c) “Failed to use Designated Lane”
A ticket for violating VTL § 1128-c is issued when it is alleged that a motorist was in the left lane and not passing or was passing in the right lane. Even if there are no signs designating lanes, by default, the right lane is for driving and the left lane is for passing. If the officer has probable cause that you did not use the designated lane, they can issue a ticket for violating VTL 1128-c.
Under the alleged circumstances, the motorist can also be cited with Failed to Keep Right (VTL 1120a), Disobeying a Traffic Control Device (VTL 1110a), Passing on Right (VTL 1122a), 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.
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. In our experience, a 1128c ticket is usually issued along with other tickets. Multiple infractions on your driving record usually means that your insurance company takes the individual violations more seriously as it indicates you’re a high-risk motorist.
Text of the Statute (link)
When official traffic-control devices direct slow-moving traffic, trucks, buses or specified types of vehicles to use a designated lane or designate those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, drivers of vehicles shall obey the directions of every such sign, signal or marking.
Fighting a 1128(c) Ticket
There are various defenses to this ticket. Simply arguing in court what did or did not happen does not really work. Most good defenses are procedural in nature, when the prosecutor or the police officer fails to comply with certain requirements to establish a prima facie case.
Many people are chagrined to plead Not Guilty to a traffic ticket if the allegations are true. This is a mistake. Pleading Not Guilty does not mean you are claiming 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. Thus, it is never illegal or immoral to plead Not Guilty to any traffic charges. Any motorist that receives a traffic ticket can fight the charges whether they are entirely true, entirely false, or something in between.
New York State law provides that motorists can have a lawyer handle their traffic in its entirety. This means your attorney can file the Not Guilty plea and any other paperwork for you and make any necessary court appearances in your place. The charges can be reduced or dismissed without you taking time off from work or even leaving your house. For more detailed information, you can contact the team at the Benjamin Goldman Law Office. Consultations are free.
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 many 1128(c) tickets reduced to parking tickets or dismissed in numerous different courts. They include Lake Success, Queens, Woodbury, Lewiston, Plattekill, Wheatland, Tuxedo, Wilton, North Hills, and Brooklyn.
Attorneys at the Benjamin Goldman Law Office are diligent and persistent in their quest to obtain the most optimal disposition for each ticket. They utilize all possible techniques and pursue all possible avenues in order to get the best possible result. The many five-star reviews are a testament to these efforts. We will be glad to take on your 1128c ticket. Contact us at your convenience. We look forward to working on your case.
Other Traffic Violations We Handle
Community Discussion
Questions? Thoughts? Let us know down below!
HOV lane ticket on the Staten Island Expressway—first ticket, is it worth contesting? Traffic on the Staten Island Expressway was much worse than normal. A car ahead of me had stopped, so I went around it through the HOV lane. I got back out of that lane right away, but about half a mile later there were police vehicles and officers stopping drivers. I was pulled over and given an HOV-lane ticket because an officer saw me there, without getting a chance to explain why I had entered it. This is my first ticket ever. Should I try to fight it? I cannot tell whether it carries points because the ticket is not showing up in the system yet. Also, the officers were walking among traffic on a busy expressway while stopping cars—would that matter, since it seemed like it could interfere with traffic or be unsafe? I want to challenge it but do not know my chances.
I just got my first ticket in New York for not using the designated lane. I was trying to find directions on my phone because I was lost, and I nearly drove into a state trooper before getting pulled over. The trooper was actually very nice. Is there any way to fight this? I really do not want it to raise my insurance rates.
A lawyer may be able to appear in court for you and seek a reduction to an offense that does not affect your insurance.
I got a ticket in Cheektowaga, New York for failing to use the proper lane, VTL 1128(c). I am 17, have a Class DJ license, and have never had a traffic ticket before. I stayed in the right lane on a two-lane road and went straight through an intersection, but that lane was marked for right turns only. I was relying on my GPS and did not notice the signs. The two lanes continued straight beyond the intersection, and an officer stopped me afterward. Could this suspend my license? Can I plead not guilty and possibly get a lesser penalty? Is there a fine?
The maximum fine is $243, and the violation carries 3 points. By itself, this ticket should not suspend your license. Still, in my legal opinion, you should contest it. A lawyer can appear in court for you.
I received a moving-violation ticket that says I did not stay in the required lane. What can I do about it? This is my first moving ticket in about 10 to 15 years, and I have to appear in the Village of Airmont, New York court.
Speak with a traffic-ticket lawyer. A consultation will likely be free, and the overall attorney fee may be more affordable than you expect.
If you were struck by a driver who was illegally in any lane, you can contact the Sternberg Injury Law Firm to discuss your case
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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Even if the officers were handling the stop in a dangerous way, that is unlikely to affect the ticket. The chances of successfully contesting it are easier to assess after a traffic-ticket attorney reviews the actual summons.