How Do I Fight a Failure to Yield to an Emergency Vehicle

My question involves a traffic ticket from: NYC, NY

I was riding my motorcycle down 3rd Street and decided to turn left. On this street there was a separate turning lane and I didn't have a chance to enter in the appropriate place due to a ton of traffic so I ended up cutting the line in order to get into the turning lane and making my turn. Unfortunately for me, the place where I cut in was right in front of a cop. Right after making the turn he pulled me over and gave me a ticket for Disobeying a traffic device (cutting the white line) and FLD YIELD ROW TO VEH (he said I cut him off.)

I understand the ticket for disobeying the white line but is disobeying a traffic device the right offense? If yes then I have no problem pleading guilty to it.
If not, I would prefer doing something about it because its 2 points on the license.

The problem I have is that I did not cut him off in any way, I had a ton of space. I just so happened that the place i cut in, was in front of a cop. Is there anything I can do about this especially because if I plead guilty, I get 3 points.

Thanks

We're talking about VTL Sec. 1110(a)? If not, what section are we talking about?

Quote:

---

Quoting New York Code, Vehicle & Traffic § 1110. Obedience to and required traffic-control devices.

---

(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.

---

Quote:

---

Quoting New York Code, Vehicle & Traffic § 153. Traffic control devices.

---

All signs, signals, markings, and devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.

---

Alright, so I guess it is the right offense. I will probably plead guilty for it but is there anything I can do about the second one?

Crossing a single white line when changing lanes into a turn pocket where the line is less than 18 inches wide is NOT illegal. The solid white is meant to discourage lane changes, not prohibit them.

Cutting off a patrol vehicle sitting still? Seems quite a stretch. Was he moving?

Heres a google maps screenshot of the intersection. http://imgur.com/dHlQUPz As you can see, there is a tiny zebra line. Dont know if that counts.
And he was taking the turn as well, going maybe 8mph when I merged in front of him.

Quote:

---

Quoting Serge Sorokin

---

Alright, so I guess it is the right offense. I will probably plead guilty for it but is there anything I can do about the second one?

---

Your own statements confirm that you did in fact "cut him off"... First you say:

Quote:

---

Quoting Serge Sorokin

---

I ended up cutting the line in order to get into the turning lane and making my turn.

---

Then you follow that up with:

Quote:

---

Quoting Serge Sorokin

---

Unfortunately for me, the place where I cut in was right in front of a cop.

---

But then you retract...

Quote:

---

Quoting Serge Sorokin

---

The problem I have is that I did not cut him off in any way...

---

You try and justify that further by stating that:

Quote:

---

Quoting Serge Sorokin

---

I had a ton of space.

---

When in fact intitaly you stated:

Quote:

---

Quoting Serge Sorokin

---

I didn't have a chance to enter in the appropriate place due to a ton of traffic

---

Implying you somehow ran out of room or did not make the appropriate lane change because the lane was occupied. Only to follow that up (in the same sentence) with:

Quote:

---

Quoting Serge Sorokin

---

... so I ended up cutting the line in order to get into the turning lane and making my turn.

---

And last comment on that issue was:

Quote:

---

Quoting Serge Sorokin

---

I just so happened that the place i cut in, was in front of a cop.

---

So I am just as confused as you are...

It sounds to me like you did cut him off but that would not constitute a failure to obey traffic control device. It would simply be an illegal/unsafe lane change.

If in fact, driving over a white solid line is prohibited in New York state or if the marking you crossed over is considered "especially hazardous" as used in subsection (d) of VAT § 1128. Driving on roadways laned for traffic.

If crossing a white line is NOT prohibited, then you really did not fail to comply with the direction of a traffic control device, you simply made a move that was "discouraged" but not forbidden. And in that case, he should have cited you for an illegal lane change which is cited under VAT § 1163. Turning movements and required signals.

So yes, you can probably fight it based on one of the following analogies:

(a) The prosecution could not meet the elements of the offense of, as he described it "FLD YIELD ROW TO VEH"... All Right-Of-Way violations are under Article 26 - beginning with VAT § 1140 thru § 1146A

(b) (a) The prosecution could not meet the elements of the offense of, as he cited it (assuming he cited you for VAT § 1110 Obedience to and required traffic-control devices. simply because there is no particular statute that prohibits crossing over a white solid line.

Of course you need not add in what statute you should have been cited for so rather than arguing "he cited me for the wrong statute, the correct statute for my violation is VAT § 1163"... You should be saying: "I did not violate the statute he cited me for".

I don't know how any of the rest of it would work out in New York state!

I know I made it a lot more confusing than it is, Im sorry. When I say that I cut in, I mean I crossed the white zebra line all the way to the left in this screenshot. They way I entered the lane was a simple merge right before taking the turn. Essentially what I did was skip the cars waiting in line and jumped in right before the turn by crossing the white zebra line.
I merged in right in front of the cop and I did not "cut him off," I simply merged. I didnt cause him to press on his brakes and didnt disrupt him at all because there was a lot of space between me and him when i merged.
Hope that clears it up

Quote:

---

Quoting Serge Sorokin

---

Heres a google maps screenshot of the intersection. http://imgur.com/dHlQUPz As you can see, there is a tiny zebra line. Dont know if that counts.
And he was taking the turn as well, going maybe 8mph when I merged in front of him.

---

Edited to Add: If you were turning left and you crossed over that DOUBLE SOLID WHITE LINE, then you were in fact in violation of VAT § 1110 Obedience to and required traffic-control devices.

His description would be inaccurate but I'm not sure that would get you a whole lot of beans anywhere... So, the question I should have started with is: what were you cited for?

In fact there should be a more specific code section that specifically describes the pavement marking and prohibits crossing over it, although VAT 1110 would work as well.

Quote:

---

Quoting Serge Sorokin

---

I didnt cause him to press on his brakes and didnt disrupt him at all because there was a lot of space between me and him when i merged.

---

How do you know if he stepped on his brakes or not? But again, unless he cited you for an illegal lane change, then all of this is merely a side issue. It has no impact on whether you crossed or did not cross over the double solid white line. The one thing that makes your action especially concerning is that you were on a motorcycle, think about what that cabbie in the picture you posted who appears to be lane straddling... What do you think he would have done had you cut HIM off? Furthermore, you did state you were in heavy traffic and/or did not have enough room to properly enter the lane, yet you come back saying you didn't cut him off and there was a lot of space....

What was I cited for?
On the NYS DMV website it says exactly DISOB TRAFFIC DEVICE. It doesn't say any codes that I broke, simply DISOB TRAFFIC DEVICE.

In terms of the second part, it wasnt heavy traffic but there were a lot of cars lined up to the entrance of the turning lane. Instead of joining the line, waiting it out, and causing more traffic, I went around and entered the turning lane right before the turn when I saw a space in between the cars. The space was large because the car in front of the police car had already moved forward and the cop was just starting to move. This is what i mean by I did no cut him off. Cutting off implies getting in their way and causing a dangerous situation. I simply merged and knew for a fact that there was a ton of space between us and didnt disrupt him in any way

If you crossed that last double white line to move into the lane closest to to the curb, you did so illegally.