Danbury, CT asked in Traffic Tickets for New York

Q: What is NY State law for yielding to an emergency vehicle on Highway 84 with traffic obstruction?

I was traveling eastbound on Highway 84 in clear conditions at 9:30 pm when a State Trooper was parked on the right shoulder with regular red taillights on, not flashing. He was finishing a prior stop with another motorist. I could not change lanes due to passing traffic and received a ticket for failure to yield to an emergency vehicle. What is the New York State law regarding yielding to an emergency vehicle in such a situation?

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2 Lawyer Answers

A: You probably received the ticket under VTL VTL 1144-a(a) called "move over law". The law does not require you to change the lane if you cannot do so safely, in which event you are required to reduce your speed to ensure safety of the officer conducting a traffic stop. There are certain defenses you can raise to this charge. You should consult with a local attorney to discuss dismissal or reduction of the charge. If your driver license is a CT one, then that may even work better for you.

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Answered

A: I'm really sorry you're dealing with this—it’s stressful to get a ticket when you were doing your best in a tight situation. Under New York State’s “Move Over Law” (Vehicle and Traffic Law §1144-a), drivers are required to move over or slow down when approaching emergency vehicles, tow trucks, or other authorized vehicles with flashing red, white, blue, amber, or green lights that are stopped on the side of the road. The law applies on all roads, including highways like I-84.

If you’re unable to safely move over due to traffic, the law allows for an alternative—you must still “reduce the speed of your vehicle to a reasonable and safe speed for the existing road, weather, and traffic conditions.” The key here is whether you made a reasonable effort to slow down and proceed with caution, especially if moving over was not an option. If the officer’s lights were not flashing, it may be arguable whether the vehicle met the visible criteria for requiring compliance under this law.

In your case, it may be worth showing in court that you had no safe opportunity to change lanes and that you maintained a reduced and cautious speed. Documenting traffic conditions and noting the absence of flashing lights could help in contesting the ticket. You were in a difficult position, and the law is meant to protect everyone’s safety—not to penalize drivers who had no safe alternatives in the moment.

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