VTL § 1170 (a), “Failed to Stop at Railroad Crossing”

One of the more serious traffic tickets in New York State is for failing to stop at a railroad crossing. The law requires that the driver make a full stop when there is any indication of an approaching train, whether by sight, sound, or any other warning. The actual fine is not relatively high, with the maximum being $243. However a conviction of this violation will put five points on your driving record (11 points is suspension). More importantly, with this violation appearing on your record, you can expect to see substantial increases in your insurance rates.

Text of Statute

This statute reads as follows:

§ 1170. Obedience to signal indicating approach of train. (a) Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances stated in this section, the driver of such vehicle shall stop not less than fifteen feet from the nearest rail of such railroad, and shall not proceed until he can do so safely. The foregoing requirements shall apply when:

1. An audible or clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;

2. A crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a railroad train;

3. A railroad train approaching within approximately one thousand five hundred feet of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard; or

4. An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.

5. Every person convicted of a violation of this subdivision shall for a first conviction thereof be punished by a fine of not more than one hundred fifty dollars or by imprisonment for not more than fifteen days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than forty-five days or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of eighteen months, such person shall be punished by a fine of not more than seven hundred fifty dollars or by imprisonment for not more than ninety days or by both such fine and imprisonment.

Fighting a § 1170(a) Ticket

If you received a 1170-a ticket, it is probably imperative that you try getting it reduced or dismissed. This can be done more easily by getting an attorney involved. If you retain a traffic ticket law firm, your lawyer can handle everything for you. The attorney can file the Not Guilty plea for you and make any necessary court appearances in your place. The charges can get reduced or dismissed without you having to take time off from work or even leave your house. An experienced traffic ticket lawyer gives you the best shot at obtaining the optimal disposition. For more detailed information, you can contact the team at the Benjamin Goldman Law Office PC. Consultations are complimentary.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office practices Traffic Law in New York State. Our team should be able to help with any railroad-crossing related tickets. We have experience successfully fighting many such charges on Long Island at LIRR crossings. Our firm also assists motorists in all other areas of New York State, including, New York City, Catskills, Hudson Valley, Southern Tier, Finger Lakes, Central New York, North Country, Western New York, Capital District, Upstate New York, and Mohawk Valley. You can contact us during regular business hours to discuss your 1170(a) ticket. We will be glad to review the circumstances leading up to the issuance of the ticket and advise on how we can be of assistance. We can be reached by phone call, text message, or email. Our team looks forward to working with you to beat your charges.

Fight a VTL § 1170 (a) Ticket