VTL § 1170 (b), “Drive Through / Around / Under Railroad Barrier”

Motorists that avoid railroad gate/fence/barrier can be charged with one of the most serious traffic violations in New York. Once the gate begins being lowered, motorists are required to stop. A conviction of this violation will put five points on your license. The fines are relatively higher, with a first-time offense facing a maximum fine of $493, second-time offense facing a maximum fine of $843, and a third-time offense facing a maximum fine of $1093. Most importantly, with this violation appearing on your driving record, you can expect to see substantial increases in your insurance rates. You will now be considered a high risk driver.

Text of Statute

This statute below provides for the details of this violation:

No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed. Every person convicted of a violation of this subdivision shall for a first conviction thereof be punished by a fine of not less than two hundred fifty dollars nor more than four hundred dollars or by imprisonment for not more than thirty days or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of thirty months, such person shall be punished by a fine of not less than three hundred fifty dollars nor more than seven hundred fifty dollars or by imprisonment for not more than ninety 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 thirty months, such person shall be punished by a fine of not less than six hundred dollars nor more than one thousand dollars or by imprisonment for not more than one hundred eighty days or by both such fine and imprisonment.

Fighting a § 1170(b) Traffic Ticket

If you received a 1170-b ticket, it is imperative that you try getting it dismissed or reduced. Getting a traffic ticket law firm involved can make things much easier. Your attorney can file the Not Guilty plea for you and make any necessary court appearances in your place. This means that the charges can get reduced or dismissed without you having to take time off from work or even leave your house. Most importantly, an experienced traffic ticket attorney gives you the best odds at obtaining the optimal disposition. For more detailed information, you can contact the team at the Benjamin Goldman Law Office. Consultations are free.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office practices Vehicle & Traffic Law in New York State. Our firm should be able to help with any railroad-crossing related violations. Attorneys from our firm have experience fighting many such charges emanating from LIRR crossings on Long Island. Our firm also assists motorists in all other regions of New York State, namely Mohawk Valley, Upstate New York, Capital District, Western New York, North Country, Central New York, Finger Lakes, Southern Tier, Hudson Valley, Catskill Mountains, and New York City.

The Benjamin Goldman Law Office can be reached during regular business hours. Our team will be glad to review and discuss your 1170(b) ticket. We can be contacted by phone call, text message, website submission, or email. Attorneys from out firm look forward to working with you to beat your charges.

Fight a VTL § 1170 (b) Ticket