New York DWI Defense Lawyer Blog

New York State's "Move Over Law" has changed.

On all roads and highways, the motorist must use extreme caution when approaching an emergency vehicle stopped on the side of the roadway. Drivers must reduce their speed, and on highways with multiple lanes, drivers must move from the lane adjacent to the emergency or hazard vehicle, unless conditions prevent doing so safely.

Effective January 1, 2012, the law which required drivers to shift lanes when approaching emergency vehicles with flashing red and white lights, will now include hazard vehicles, including tow trucks, roadside assistance vehicles, highway crews, and other emergency vehicles with amber lights.

Penalties for this traffic violation of 1144-a of the Vehicle and Traffic Law are fines up to $275 and 2 points on your driver's license.

New York State was the first state to pass cell phone legislation in 2001. The law made it a traffic infraction for a motorist to drive a motor vehicle while using a hand held cell phone.

Conscientious motorists adapted to this legislation by using hands free connections such as bluetooth devices. Still, others would take the risk of a violation, knowing the only potential penalty was a fine. Indeed, if you parked along any busy traffic light intersection in the capital district, you would see an alarming number of intentional cell phone violations.

At the time, the motorist convicted of using a hand held cell phone would be liable to pay a fine of up to $100.00. The violation carried no points on the motorist's license.

This is no longer the case. Recent legislation has amended the law to assess two points on the motorist's driving record for each cell phone conviction for a violation committed on or after February 16, 2011.

I believe a driver will think twice before violating a law which could result in the loss of driving privileges. An experienced traffic lawyer can help save your license.

As an Upstate New York DWI defense lawyer, I want to share with you a new law that impacts all drivers in New York State. The Ambrose-Searles "Move Over Act" is named after two police officers, New York State Trooper, Robert Ambrose, and Deputy Sheriff, Glenn Searles, who were killed by motorists while their patrol cars were parked on the side of the highway.

The "move over" and "slow down" provisions of the law go into effect the first day of 2011. Motorists will be required to use due care when approaching emergency vehicles which are stopped on the shoulder of a road or highway with emergency lights on.

Drivers must reduce speed on all roads when encountering a stopped police car or emergency vehicle with emergency lights flashing. On interstates and multiple lane highways, drivers are further required to move over to keep an empty lane between them and the emergency vehicle, unless traffic conditions or other hazards prevent the motorist from changing lanes safely.

Police officers in New York State will be vigilant in enforcing this new law, which will help assure the safety of law enforcement officers and emergency responders in the line of duty. Violation of this law will result in two points on the driver's license, and a fine of up to $275, plus mandatory court surcharges.