In its current form, the New York State Move Over Law under
VTL 1144-a states,
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(a) Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle other than a police vehicle or bicycle when operated as an authorized emergency vehicle, and when audible signals are sounded from any said vehicle by siren, exhaust whistle, bell, air-horn or electronic equivalent; the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to the right-hand edge or curb of the roadway, or to either edge of a one-way roadway three or more lanes in width, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer.
(b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with reasonable care for all persons using the highway. S 1144-a. Operation of vehicles when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle.
(a) Every operator of a motor vehicle shall exercise due care to avoid colliding with an authorized emergency vehicle which is parked, stopped or standing on the shoulder or any portion of such highway and such authorized emergency vehicle is displaying one or more red or combination red and white lights pursuant to the provisions of paragraph two of subdivision forty-one of section three hundred seventy-five of this chapter. For operators of motor vehicles on parkways or controlled access highways, such due care shall include, but not be limited to, moving from a lane which contains or is immediately adjacent to the shoulder where such authorized emergency vehicle displaying one or more red or combination red and white lights pursuant to the provisions of paragraph two of subdivision forty-one of section three hundred seventy-five of this chapter is parked, stopped or standing to another lane, provided that such movement otherwise complies with the requirements of this chapter including, but not limited to, the provisions of sections eleven hundred ten of this title and eleven hundred twenty-eight of this title.
(b) Every operator of a motor vehicle shall exercise due care to avoid colliding with a hazard vehicle which is parked, stopped or standing on the shoulder or on any portion of such highway and such hazard vehicle is displaying one or more amber lights pursuant to the provisions of paragraph three of subdivision forty-one of section three hundred seventy-five of this chapter. For operators of motor vehicles on parkways or controlled access highways, such due care shall include, but not be limited to, moving from a lane which contains or is immediately adjacent to the shoulder where such hazard vehicle displaying one or more amber lights pursuant to the provisions of paragraph three of subdivision forty-one of section three hundred seventy-five of this chapter is parked, stopped or standing to another lane, provided that such movement otherwise complies with the requirements of this chapter including, but not limited to, the provisions of sections eleven hundred ten and eleven hundred twenty-eight of this title.
Analysis
The formal name of
the law is the “Ambrose-Searles Move Over” law. It was passed by the New York State Legislature with the
thought of law enforcement safety in the forefront. The officers for which the statute is named after were both
killed in the line of duty while attending to vehicles pulled over along the
side of the road.
Despite this law,
each year law enforcement officers continue to be struck by vehicles while working
in their official capacity. Many
drivers have attempted to argue their lack of knowledge of the law as a
defense. Unfortunately, for
drivers, the lack of knowledge is not a valid defense.
A conviction to VTL
1144-a will result in a 3 point conviction being held against a driver’s
license.
In our practice, we
have found many inconsistencies among prosecutors plea bargaining policy. Some jurisdictions will readily
negotiate this charge to a lesser conviction while others will hold the driver
to the charge and refuse any plea reduction.
In addition to the
three points, a conviction to this charge carries a fine of almost $300.00 and
a mandatory New York State surcharge.
If you are charged with violating VTL 1144-a, give our award
winning traffic ticket defense lawyers a call at 800-893-9645.
About Our Law Firm:
We have over 30 years of legal experience and
have helped thousands of drivers throughout the State. We have excelled at getting tickets
either dismissed or reduced. We
are led by a former prosecutor and have been recognized as some of the best
attorneys in the State. Give our
lawyers a call and ask for your confidential consultation today. We can be reached at 800-893-9645.
