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