VTL § 1123(b) “Left Pavement to Pass on Right”
Vehicle & Traffic Law § 1123(b) concerns the proper behavior for a motorist that is passing another motorist on the right. In general, passing on right is prohibited, but there are some exceptions as outlined in the text below. However, even when all the exceptions are met, the passing motorist cannot leave the markings of the road in order to pass.
If you are found guilty of this violation you will get three points on your driving record. The exact fine is determined by the judge, with the maximum being $150 + $93 surcharge for a first-time offense. You are also facing increased insurance rates from this violation appearing on your record.
§ 1123. When overtaking on the right is permitted. (a) The driver of a
vehicle may overtake and pass upon the right of another vehicle only
under the following conditions:
1. When the vehicle overtaken is making or about to make a left turn;
2. Upon a street or highway with unobstructed pavement not occupied by
parked vehicles of sufficient width for two or more lines of moving
vehicles in each direction;
3. Upon a one-way street, or upon any roadway on which traffic is
restricted to one direction of movement, where the roadway is free from
obstructions and of sufficient width for two or more lines of moving
vehicles.
(b) The driver of a vehicle may overtake and pass another vehicle upon
the right only under conditions permitting such movement in safety.
Such movement shall not be made by driving off the pavement or
main-traveled portion of the roadway, except as permitted by section
eleven hundred thirty-one of this article.
Challenging an 1123(b) Ticket
It is not illegal or unethical to plead Not Guilty to a traffic ticket. This is because pleading “not guilty” merely means that you are utilizing your Constitutional rights to require that the ticketing officer prove the charges. Pleading “not guilty” does not mean you are claiming that the ticket is false. A “not guilty” plea can be filed whether the charges are false, true, or partially true.
In New York State, motorists can retain an attorney to handle their traffic ticket. Your attorney can file the Not Guilty plea and make any necessary court appearances in your place. Your ticket can be dismissed or reduced without you having to leave your home. For more information, you can contact the Benjamin Goldman Law Office. We provide all motorists with a free consultation.
Benjamin Goldman Law Office
The Benjamin Goldman Law Office is a traffic ticket defense firm that helps motorists across New York. We have experience fighting this particular ticket in several courts. Attorneys from our firm have been able to get 1123(b) charges dismissed or reduced to parking tickets in Brooklyn, Colchester and Niskayuna, among other courts. Our attorneys will be glad to review your ticket and let you know how we can be of assistance. Feel free to get in touch with us at your convenience. We can be reached by phone call, text message, or email. Our team looks forward to working with you.