VTL § 1153(a), “Failed to Yield Right of way to Blind Person”

Vehicle & Traffic Law § 1153(a) concerns the requirement to yield to visually impaired people crossing an intersection. This is also known as “White Cane Law”, and many jurisdictions have similar laws. A ticket for this violation is rarely issued because (1) what motorist does not yield to a blind person? (2) it is mostly redundant to VTL 1151(a), the requirement to yield to any person that is crossing an intersection.

If a motorist pleads guilty or is found guilty of this violation, they will get three points on their driving record. The exact fine is determined by the judge. The maximum is $150 for a first-time offense. There is also a mandatory state surcharge of $88 in New York City and $93 outside of NYC. The biggest cost will likely be the increased insurance rates. One can expect their insurance premiums to increase for several years with this violation appearing on their record.

Text of Statute

The wording of the Statute is as follows:

Notwithstanding the foregoing provisions of this article every driver of a vehicle approaching an intersection or crosswalk shall yield the right of way to a pedestrian crossing or attempting to cross the roadway when such pedestrian is accompanied by a guide dog or using a cane which is metallic or white in color or white with a red tip.

Disputing a § 1153(a) Ticket

Many people believe that one can only plead Not Guilty if they believe the allegations are untrue. This is a misunderstanding of how the justice system functions in the United States. Proclaiming “Not Guilty” does not mean you are stating that the allegations are not true. Pleading “Not Guilty” merely means you are utilizing your Constitutional rights to require the government to prove the charges. There is nothing illegal or immoral in submitting a Not Guilty plea to a charge that is entirely true.

In many instances, instead of going through the burden of proving the charges, the government (i.e. officer or prosecutor) will present with you a plea bargain offer. The plea offer would modify the charge, thereby typically reducing or eliminating the points. The modification of the charge will usually lower the fine as well. Most importantly it would allow you to avoid the increased insurance rates.

Retaining a law firm when dealing with a serious traffic ticket is usually a worthwhile investment. Firstly, your attorney can file the Not Guilty plea in court and make any court appearances in your place. Secondly, a tough and experienced traffic lawyer puts you in the best position to obtain the most optimal disposition for your case.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State traffic ticket law firm. Our law office can help with a ticket for a § 1153(a). Our team helps clients in the following regions: New York City, Long Island, Finger Lakes, Catskills, Western New York, Southern Tier, Hudson Valley, North Country, Mohawk Valley, Central New York, and Capital District. For more detailed information, our team is available during regular business. We can be reached by phone call, email, text message, or website submission. Consultations are free.

Fight a VTL § 1153(a) Ticket