The Appellate Term affirmed Move Over Act conviction, rejecting arguments that fatigue, darkness, and wet roads excused failing to change lanes for a stopped trooper. The court held those conditions didn't reasonably prevent a safe lane change, and that slowing down — his actual response — is not an acceptable substitute for the statute's specific requirement to move over.
In this 2016 case of first impression, Cohoes City Court held that New York's Move Over Act judges "due care" by what a reasonably prudent driver would do — not the driver's subjective belief. Jacqueline Krahforst claimed she didn't feel safe merging; the court found she had room, never signaled, and that her obstructed view didn't excuse failing to see the police cars.
A driver ticketed for using a "portable electronic device" while holding his phone to his ear got the charge dismissed — the court held that conduct falls under New York's mobile telephone law instead. The case shows the two cell phone statutes aren't interchangeable, even when a device seems to technically fit both definitions.
The Appellate Term affirmed a speeding conviction, holding calibration records aren't required to prove radar accuracy — the trooper's own testimony about tuning fork tests, plus his radar certification, was independently sufficient. The court also noted a fallback: even without adequate calibration proof, his visual estimate (70 mph) closely matched the radar reading (68 mph), which alone would have sustained the conviction.
VTL § 1144-a, the Ambrose-Searles Move Over Act, requires drivers to move over (or slow down if unsafe) for stopped emergency, hazard, and disabled vehicles — now including any vehicle on a parkway shoulder as of 2024. Courts apply an objective "reasonably prudent driver" standard, not the driver's subjective belief. Penalties run $150–$450 across three tiers, plus surcharges and three DMV points per conviction as of February 2026.
The Appellate Term affirmed a speeding conviction, reaffirming that a radar certificate plus the trooper's own testimony about calibration tests is independently sufficient — no formal records required. The court also noted his visual estimate (80 mph) closely matched the radar reading (82 mph), which alone would have supported the conviction even if the calibration proof had been weaker.
New York courts require proof a specific radar unit was tested and accurate — not just that radar generally works. Formal calibration records aren't required if the officer testifies to a real test (typically a tuning fork), but moving radar demands more: independent verification of the patrol car's own speed. Even weak radar proof can be cured by a qualified officer's visual estimate; without either, the case fails.
New York's VTL § 1225-c (phone calls) and § 1225-d (texting/device use) are separate statutes, and charging the wrong one can matter. Both create a rebuttable presumption from an officer's observation, but rebutting it requires real corroboration — a bare denial rarely works, while authenticated phone records tied to the specific device can. Both violations carry 5 DMV points.
Can a temporary burst of speed ever be legal? Under New York law, speeding to avoid immediate danger—like swerving around a decelerating car to prevent a crash—can be legally justifiable. Learn how the case People v. Cataldo established the emergency defense for speeding under Penal Law § 35.05(2).
Court fine is often just the initial down payment. The true financial penalty begins after the ticket is resolved if it turns into a conviction on your New York driving record—triggering higher auto insurance premiums and potential state assessment fees that stick with you for years.
A New York traffic ticket is not issued with a fine amount. A conviction combines three distinct financial penalties: a court-assigned base fine set by state law based on offense severity, an automatic and mandatory state surcharge of $88 to $93+ used to fund state programs, and a DMV Driver Responsibility Assessment fee starting at $300 over three years if you reach six points. And then there are insurance increases.
Beginning with tickets issued after February 16, 2026, the New York DMV has increased points on many offenses and has adopted stricter rules for suspension. Here is what you should know.
An officer observing a failure to use a seat belt is enough to stop a car. To be convicted, that officer just has to testify about what he saw.
Stop sign tickets are 3 points with a fine and surcharge up to $243. All drivers must stop, but not those acting involuntarily.
New York requires proving both the applicable speed limit and that it was exceeded. Proof can come from a trained officer's visual estimate alone, radar or laser (if the specific unit's testing is shown), or pacing. Radar reliability alone isn't enough — the prosecution must prove that unit worked correctly that day.
Flashing high beam headlights, alone, is not a violation of the law requiring dimming of headlights.
While Wisconsin will not add points for most out-of-state infractions, if Wisconsin statutes require a mandatory suspension or revocation of the operating privilege, Wisconsin will take action.
Points are assessed for all traffic violations committed anywhere in the U.S. using the West Virginia point system. It is therefore important to minimize the effect of your New York ticket.
Texas will take action against their drivers for tickets received out-of-state.
Points are assessed on out-of-state-convictions just as if the violations were committed in South Dakota.