NY VTL 1163A Violation

[tdzaleski]

What is the name of your state (only U.S. law)? New York

Some important information about my case first. I actually live in PA, but commute to NY for college and work. I was going southbound on RT 26 in new york, coming around a curve. I had looked into my rearview mirror for some length of time (my parents were around a quarter mile around me) and I hadn't straightened out my turn in time, which lead me into the guard rail. I rode the guard rail for a short time, then a divet in the rail sent me into the other side of the road, into a ditch. I had called 911 directly after I landed, the county police showed up, I explained what happened, and he called an ambulance for me, as he believed that I needed one. While in the ambulance, he as talked to my parents and had given them my ticket for VTL 1163A. According to my parents, he had hinted to file not guilty as he was explaining that he had two of his own children around my age.

I had filed not guilty, didn't ask for supporting deposition, and I just got my pre-trial date for May, 2014. First, what do I tell the DA about the incident, and what should I leave out. There were no witnesses to the scene, and I still cannot remember anything between first hitting the guard rail and landing the car into the ditch. Second, should I move to have the trial dismissed, and if so, then how. Third, I'm assuming that the officer may not show up if what my parents said was true; but if I cannot move to have it dismissed, and the PO does show up, what should I say in my defense to have the ticket either dropped or reduced with no points. I already had an insurance increase from the accident, and I cannot afford to have another because of the ticket.

 

[Zigner]

What is your defense?

 

[tdzaleski]

Right now, I'm not exactly sure what to use, that's what I'm asking help for, based on the situation I described. I was thinking about the fact that the officer didn't actually come to me about issuing the ticket, he went to my parents, which he shouldn't have done since I'm over 18. Originally I was thinking that I would say something along the lines that I actually didn't turn, so I couldn't have a turning violation (there isn't a driveway or intersection there to turn into anyway) but the 1163A states "...or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety", so I'm not sure that would go well... The only other way I see is that after contact with the guard rail, the car had become out of my control, and I could not give a turn signal as I could not predict where the car would go, but they can still ticket me for 1163a for going onto the shoulder without signal, or ticket me for driving on the shoulder, as that is illegal in NY

 

[Zigner]

Right now, I'm not exactly sure what to use, that's what I'm asking help for, based on the situation I described. I was thinking about the fact that the officer didn't actually come to me about issuing the ticket, he went to my parents, which he shouldn't have done since I'm over 18. Originally I was thinking that I would say something along the lines that I actually didn't turn, so I couldn't have a turning violation (there isn't a driveway or intersection there to turn into anyway) but the 1163A states "...or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety", so I'm not sure that would go well... The only other way I see is that after contact with the guard rail, the car had become out of my control, and I could not give a turn signal as I could not predict where the car would go, but they can still ticket me for 1163a for going onto the shoulder without signal, or ticket me for driving on the shoulder, as that is illegal in NY

Because your lack of attention to your primary task (that is, safe operation of the vehicle), your vehicle left the lane (that is, move right or left upon the roadway).

Again, what is your defense?

 

[HighwayMan]

What county was this? There are very few counties in NY that have police departments. Most have sheriff departments.

It sounds like the officer/deputy already did you a favor by writing the 1163A. He could have written you for some more serious offenses that would have a much larger financial impact on you.

Do you have a PA license? If so then the impact of this minor violation is going to be negligible.

I really wouldn't waste too much time stressing out about this VERY minor ticket. The best you could hope for is a lenient prosecutor who will reduce it to a parking violation or something equally meaningless and just hit you with a fine.

If the officer/deputy shows up in court he can always amend the charge or the prosecutor can do the same.

When you show up for your pre-trial I wouldn't say much and see what you're offered. Probably anything is better than what you got, but you may end up paying a higher fine.