Failure to move over is a common charge in our practice. To be charged with failure to move over under the New York Move Over Law (VTL § 1144-a), a driver must fail to change lanes—typically from the right lane to the left lane—for a police officer, emergency vehicle, hazard vehicle, or any vehicle displaying flashing lights stopped on the shoulder.
2024 Law Expansion: As of March 2024, the Move Over Law was expanded. It now requires drivers to slow down and move over for any vehicle stopped on the side of the road, including civilian passenger vehicles, not just emergency or hazard vehicles.
Because this charge directly concerns the safety of police officers and emergency workers at the roadside, several District Attorney offices across New York refuse to offer any charge reductions. Furthermore, a conviction for this moving violation may have a serious negative effect on your auto insurance premiums. While these tickets can be tough to negotiate, we invite you to call us to discuss what legal options you may have.
Consequences of Conviction
- Points: 3 points on your New York driving record.
- Fines: $25 to $150 for a first offense (up to $300 for a second offense, and up to $450 for a third offense within 18 months).
- State Surcharge: $93 ($88 if issued in a city court).
- Jail Time: Up to 15 days in jail.
Statute Text: VTL § 1144-a
Operation of vehicles when approaching a parked, stopped or standing authorized emergency vehicle or hazard vehicle or vehicle displaying a blue or green light.
(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... or is displaying one or more blue, combination blue and red or combination blue, red and white lights...
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... is parked, stopped or standing to another lane, provided that such movement otherwise complies with the requirements of this chapter...
(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...
(c) Every operator of a motor vehicle shall exercise due care to avoid colliding with a vehicle displaying a blue light... or a green light... which is parked, stopped or standing on the shoulder or any portion of such highway...
Read the full statute text on the NY Senate website
Charged with Failing to Move Over?
Before pleading guilty to a Move Over violation and accepting the points and insurance hikes, contact Azria Law Office. We can help you understand your legal options and negotiate reductions that protect your record.
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