Do I need a lawyer for a 1144-a(a) ticket?
Understanding Vehicle & Traffic Law § 1144-a(a)
Don’t confuse this law with VTL § 1144(a), § 1144-a(b), or § 1144(b). While they sound similar, they address different situations, and the differences matter. Over my decade-plus of experience, I have noticed that this ticket is the most common ticket after speeding. Fortunately, I have had a lot of success fighting these 1144 tickets in towns all over NY state over the years, whether by negotiation or by Trial.
VTL § 1144-a(a) is a relatively recent law that many New York drivers are still unaware of. However, not knowing the law won’t protect you from a ticket.
The “Move Over” Law Explained
Under this law, if you are driving on a highway and see a police or emergency vehicle stopped on the shoulder with its lights activated, you are required to:
Move over to the next lane away from the emergency vehicle (typically the center or left lane), or
Slow down significantly if it is not safe or possible to change lanes
Failing to do so can result in a traffic ticket and 2 points on your New York driving record.
This law exists to protect police officers, emergency responders, and roadside workers who are at risk while stopped on highways.
What the Law Requires
The statute requires drivers to exercise “due care” when approaching emergency vehicles with flashing lights. On highways and controlled-access roads, that specifically includes moving out of the lane closest to the shoulder whenever it is safe to do so.
Even if the officer is not actively pulling someone over, the obligation still applies any time emergency lights are on.
How These Tickets Are Issued
In many cases, drivers are ticketed under § 1144-a(a) in situations like:
Passing a police officer who is conducting a traffic stop without moving over
Driving past a stationary patrol car with lights on while remaining in the right lane
Being observed by a second officer specifically monitoring for violations
Passing a parked police vehicle with lights activated—even if no stop is occurring
Officers may actively look for these violations, and in some cases, enforcement is deliberate and targeted.
How can I fight my 1144(a) a Ticket?
Ironically, this ticket is often issued to otherwise cautious drivers those who typically stay in the right lane and follow speed limits.
However, that doesn’t make the charge easy to resolve. Because the law was created to protect emergency personnel, some officers and prosecutors take violations very seriously and may be less willing to reduce the charge. Some prosecutors will not reduce this ticket at all. Unlike a speeding ticket, the law is a bit vague and subjective, and I have years of experience defending 1144 tickets both at negotiations and at trial.
Fighting a § 1144-a(a) Ticket
Despite the challenges, these tickets can still be challenged with the right legal approach. The specific facts of the situation, traffic conditions, safety of changing lanes, and officer observation can all play a critical role in your defense.
If you’ve been issued a “move over” ticket, it’s important to speak with an experienced traffic attorney before taking any action. Proper handling of the case can make a significant difference in protecting your driving record and avoiding unnecessary points.