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New York VTL § 1122 Overtaking a Vehicle on the Left Defense Lawyer
Charged with VTL § 1122, failing to overtake a vehicle on the left in New York?
Have you been charged with violating the special rules which govern overtaking a vehicle on the left, New York VTL § 1122? If so our traffic court defense lawyers can represent you when you have been charged with New York VTL § 1122. Have you been in an accident and were charged with NY VTL § 1122, prohibited passing on the right? If so do not plead guilty to the charge, because you are facing a large insurance increase not just for the accident, but if you enter a guilty plea to the charge as well. Our lawyers can represent you throughout the State of New York. We have extensive training and experience in fighting a failure to properly overtake, NY VTL § 1122. If cited call our firm. We always give a free phone consultation so you can find learn how we can defend you against your improper overtaking, NY VTL § 1122.
VTL § 1122 – Overtaking a Vehicle
The law requires that when passing (overtaking) a vehicle going in your direction that you pass on the left, pass at a safe distance, and not change back to the right lane until it is safe to do so. NY VTL § 1122-a governs overtaking (passing) a bicycle. When passing a cyclist, the motorist must always pass on the left. In essence, VTL § 1122 prohibits passing on the right.
Despite the mandate that a vehicle must pass another in the same direction on the left, there are limitations to that as well. Under NY VTL § 1124 a motorist cannot go so far left as to go left of center of the roadway, unless the other side is:
There are numerous defenses to a charge of NY VTL § 1122. Most notably, often times it is permissible to pass on the right. The times when passing on the right is permitted is contained in VTL § 1123. A motorist may pass on the right when:
Clearly there are numerous defenses to prohibited passing on the right. If the charge involved an accident it’s likely that the police officer did not witness the accident or offense. In NY it’s impermissible for a cop to issue a ticket for an offense he or she did not see. In addition, many times VTL § 1122 is charged with other violations as well. This gives rise to a constitutional double jeopardy defense.
If you have been charged with violating NY VTL § 1122, NY VTL § 1123, NY VTL § 1124, NY VTL § 1125 contact our office for a no cost, no obligation phone consultation.
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