A charge for "failure to obey a traffic control device," officially cited under New York VTL §1110(a), involves ignoring or failing to obey the instructions of an official traffic sign, signal, or marking. How this charge is applied, however, varies greatly depending on the driver and the situation.
1. Practice Commentary: How §1110(a) is Used
In our practice, we see this charge applied in three distinct scenarios:
- CDL Drivers (Initial Charge): As an initial charge, §1110(a) is usually given to commercial truck drivers for failing to stop at an inspection or weigh station. The charge is for ignoring the sign announcing the required station stop.
- Roadside Reductions: It is quite rare to see this charged to non-commercial drivers except as a "roadside reduction." This occurs when an officer could have issued a more serious ticket (like speeding) but instead gives the driver a break by issuing the less serious §1110(a) at the window. Note: In some courts, these roadside breaks can actually prevent a driver from getting the ticket reduced further by the prosecutor.
Negotiated Settlements (Plea Bargains):
The most common use of §1110(a) is as a negotiated reduction. Many prosecutors around the state offer a plea to §1110(a) in satisfaction of a more serious charge (e.g., reducing an 80mph in a 65mph zone ticket). Prosecutors are empowered to amend an original charge to any other charge they deem just, provided the judge approves the agreement.
2. Consequences of a §1110(a) Conviction
Pleading guilty to VTL §1110(a)—even if it was a reduction from a worse charge—still carries definitive penalties that will impact your driving record and your wallet:
| Penalty Element |
Standard Consequence |
| Points Assessed |
3 Points on NY Record |
| Base Court Fine |
Up to $150 |
| Mandatory NY State Surcharge |
$93 ($88 in City Courts) |
3. Official Text of NY VTL §1110
(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.
Source: NY State Senate VTL §1110
Received a §1110(a) Ticket?
Whether you received this charge directly or as a roadside reduction, there may still be room to negotiate an outcome with fewer points. Contact Azria Law Office today to discover if your ticket qualifies for a further reduction.
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