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?
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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