VTL § 1129(b) “Failed to Leave Sufficient Space (Combination of Vehicles)”

Not to be confused with VTL 1129(a), “Following Too Closely”

Vehicle & Traffic Law § 1129(b) concerns the appropriate conduct of a truck following another truck. On the ticket the violation may be described as “FLD/LEAVE SUFF SPACE/COMBIN OF VEHS”. The law requires that the second truck leave sufficient space between itself and the first truck for another vehicle to enter between them. Due to the very specific nature of this violation, a ticket for this violation is rarely issued.

A conviction of this violation, whether by pleading guilty or at a trial, will put four points on your driver’s license. The exact fine is up to the judge with the maximum being $150 for a first-time offense. There is also a mandatory surcharge of $93 if the ticket was issued outside of New York City and $88 if the ticket was issued in NYC. The costliest aspect of this ticket will be the increased insurance rates. The violation will remain on your driving record for approximately 3-4 years after the date of conviction. Your insurance company will in all likelihood raise your rates with this violation appearing on your driving record.

Text of the Statute (link)

The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle.

Fighting 1129(b) Charges

There are several defenses and methods of attacking this ticket. Simply arguing in court what did or did not happen rarely ever works. Most good defenses are legal, technical, or procedural, where the “People” fail to comply with requirements of establishing a prima facie case.

Many people are hesitant to plead Not Guilty to a traffic ticket for various reasons. One reason is that they are assuming that pleading Not Guilty means you are claiming that the ticketing officer was mistaken or lying. If this is not true, then the person is worried about the moral or legal aspect of pleading Not Guilty. However, this is a mistake. Pleading Not Guilty merely means that you are availing yourself of your constitutional rights. Pleading Not Guilty just means that you want the ticketing officer to prove the charges. Any motorist that receives a traffic ticket can fight the ticket whether the charges are entirely true, entirely false, or something in between.

New York State law provides that motorists can have a lawyer handle their traffic ticket, meaning your attorney can file in court the Not Guilty plea and any other paperwork for you and make any necessary court appearances in your place. The charges can be dropped or reduced without the defendant taking time off from work or even leaving their house. For more information, you can contact the team at the Benjamin Goldman Law Office. Consultations are free.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State traffic ticket defense firm. We have specific experience with VTL 1129(b) and will be glad to take on your case. Our firm help motorists all across the state including the following regions: Western New York, Finger Lakes, Central New York, Southern Tier, North Country, Mohawk Valley, Capital District, Hudson Valley, Catskills, Downstate, New York City, and Long Island. Lawyers at the Benjamin Goldman Law Office are persistent and diligent in their quest to obtain the most optimal disposition for each case. They pursue all possible avenues and utilize all possible techniques in order to get the best possible result. The many five-star reviews are a testament to these efforts. We will be glad to take on your 1129b ticket.

Fight a VTL § 1129(b) Ticket