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§ 1110 Obedience to and required traffic-control devices

by Seth Azria on 7/17/2018

Practice Commentary

a. CDL Drivers

A charge for "failure to obey a traffic control device", as it is usually called, is under VTL §1110a. As an initial charge, §1110a is usually given to CDL truck drivers for failing to stop at an inspection or weigh station. The charge is for ignoring, or failing to obey, the sign announcing the required station stop. 

b. Roadside Reduction 

It is quite rare to see failure to obey charged to non-commercial drivers except as a "roadside reduction." A roadside reduction is when an officer could have issued a more serious ticket, usually a speeding ticket, but instead gives the driver a break by issuing the less serious §1110a. 

In some places, these roadside reductions, can prevent the a driver from getting the ticket reduced by the prosecutor. Feel free to call us to discover if your roadside reduction might qualify for a further reduction.  

c. Negotiated Settlements

The most common use of §1110a is as a reduction. Many prosecutors around the state offer a plea to §1110a in satisfaction of a more serious charge. For example, a person may be charged with speeding 80mph in a 65mph zone and, upon presentation of good reasons, the prosecutor may reduce the speeding ticket to failure to obey a traffic control device. 

This process is called plea bargaining and prosecutors are empowered to amend an original charge to any other charge they deem just. Keep in mind that the judge must also approve of any reduction agreement. 

Consequences of Conviction

Pleading guilty to VTL §1110a will cause:
  • 2 points on a New York record, 
  • a fine from the court up to $150 + $93 surcharge ($88 in city courts)  

Statutory Text

(a) 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.
  (b) No provision of this title for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place.
  (c) Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.
  (d) Any official traffic-control device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence.
  (e) For purposes of this article, "intersection" shall include the area embracing the juncture of a highway with a private road or driveway and "intersecting roadway" shall include an intersecting private road or driveway.
https://www.nysenate.gov/legislation/laws/VAT/1110

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I received a speeding violation back in December 2020 and is now dismissed. Seth Azria and firm has done an excellent job in getting the ticket dismissed successfully. The entire staff has been very professional, quick and responsive. I really appreciate their service and give them a 5 star. I would be happy to refer them to my friends.

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The Azira & Bruffett Law Firm was extremely halpful and successful in removing my traffic ticket

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Without being too specific regarding my actual cases I'd like to tell anyone out there that David and Seth are both amazing lawyers who care about their clients. They have both gone to bat for myself and my now wife...multiple times, with more than expected results each and every time. Again, without being too open about matters, we all make mistakes, when I was younger I had the unfortunate experience of receiving a DWI, David handled my case, in the end, though a hefty fine, which you would expect, it was dismissed, the court at that time didn't even know how to handle it because it had never been done before. Again, unfortunate, an assault charge due to a bar fight involving the woman who is now my wife, Seth handled this and the result was an ACD. I have also referred someone close to David due to them receiving a DWI...a third DWI, involving an accident, again David got results that were outstanding. Fast-forwarding many years, David has still made himself available to me when called on. I have recently asked for a personal letter to a judge regarding a character reference and again, David has pulled through, made himself available and assisted me. I can't say more about David and Seth, they're two very well known, very smart, very capable lawyers who have helped me through some rather dark times, sometimes I wonder how I don't have a record, it's because of these two guys. Would never recommend anyone else.

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Take it from a Fellow Attorney, Seth Azria is wonderful and gets the job done.

I am an attorney working in the lower Hudson Valley. I had an unfortunate brush with the law on my birthday of all days! which resulted in my receipt of a speeding ticket en-route to a wedding in Buffalo. I'd never had any other infractions on my record and this offense is certainly not an area in which I specialize. I was very upset and worried but immediately upon calling Mr. Azria all of my fears and concerns melted away. Mr. Azria was able to plead my ticket down to a minor violation with no points and a small fee to the Court. Mr. Azria was quick, efficient and responsive. I never had a moment of worry that my case was being neglected. Mr. Azria and his team answered any questions that I had and kept me informed throughout the process. I could not have asked for a better team in my corner and you can't beat the price. You would have thought that I spent a small fortune for the quality of service that I received. Take it from me, Mr. Azria is the attorney you want representing you.

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