What Is Considered ‘Improper Passing’ in New York?

When it comes to driving on New York’s highways and roads, not all ways to pass a vehicle are legal. “Improper passing” refers to any of the many different ways that passing a vehicle in New York may be illegal.

Violations that could result in a ticket for improper passing can include the following:

  • Failure to yield one half of roadway (VTL 1121)
  • Leaving the pavement to pass on the right (VTL 1123-b)
  • Overtaking a bicyclist (VTL 1122-a)
  • Unsafe passing (VTL 1124)

Penalties for Improper Passing

Although there are numerous ways that improper passing can occur, the penalties are identical in any situation.

If one is ticketed and convicted of improper passing in New York, the following penalties can apply:

  • Fines up to $150 for a first offense, up to $300 for a second offense within 18 months, and up to $450 for a third offense within 18 months
  • Three points against one’s driving record for each violation
  • An additional state surcharge of $88 or $93, depending upon the location of the violation
  • Driver Responsibility Assessment (DRA) fee, which applies for any conviction of a ticket or tickets that total six or more points. The base fee is $300 with $75 for each point over the initial six.

In addition to these legal penalties, those convicted of any moving violation like improper passing can expect their car insurance rates to rise.

Contact Stites Law for Help!

You do not have to plead guilty to an improper passing ticket if you believe you shouldn’t have been cited. At Stites Law, we can help drivers fight to prove they are not responsible for the traffic violations alleged against them. Our attorney can help you investigate the incident and build a legal defense that can help you avoid costly fines and points against your driving record.

To learn more, schedule a consultation with us today! Contact Stites Law online now to get started.

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