VTL 1128(d), Drove Across Hazard Markings

Vehicle & Traffic Law § 1128(d), “Drove Across Hazard Markings” is a three point ticket and has a maximum fine of $243 for a first time offense. In our experience, this ticket is rarely issued alone. In many cases, this ticket is given alongside other tickets, like speeding or disobeying a traffic control device. Each ticket given during a traffic stop is given points separately, so there is a good likelihood we are dealing with many hundreds in fines and fees. Convictions of multiple violations cause exponential increases in car insurance premiums.

This sub-statute is one sentence, and it reads as follows:

When official markings are in place indicating those portions of any roadway where crossing such markings would be especially hazardous, no driver of a vehicle proceeding along such highway shall at any time drive across such markings.

Our firm has seen this applied in two scenarios. The first scenario is the vertical yellow lines at the entrance and exits of highways. When there is traffic, motorists often use this part of the road to jump ahead of the traffic. Police officers are often located in such areas and when they see this violation they will conduct a traffic stop.

Another example of this “hazard marking” are the thick white lines around High Occupancy Vehicle, or HOV lanes. Any Long Island driver is familiar with this left-hand lane and knows that there are specific entrance and exit points from it. Motorists that enter or exit the HOV lane across the white lanes get hit with an 1128(d) ticket.

The attorneys at the Benjamin Goldman Law office fight these charges often. We are a state-wide traffic ticket defense firm. Our firm has successfully handled this charge in many courts including Brooklyn, Rockland, Liberty, Yonkers, Colchester, Goshen, and Mamakating. We can go to court instead of you and are confident that we can get the charge dismissed or reduced to a 0-point parking ticket. You can get in touch with us any time. Consultations are free.