Motorcycle Ticket Lawyer for VTL 381-1(a) Inadequate Brakes

The Benjamin Goldman Law Office has handled many motorcycle equipment violation cases, and can handle tickets issued under VTL 381-1(a) for inadequate brakes. Our firm has been successful in obtaining substantial reductions or full dismissals for many clients facing all types of traffic related charges. These results are typically achieved through strategic procedural defenses and legal technicalities rather than by arguing the facts of the case. Judges and prosecutors are rarely persuaded by explanations about brake conditions or intent. Experienced traffic lawyers rely on their expertise and skills to obtain a favorable plea bargain or dismissal.

The Benjamin Goldman Law Office is committed to defending motorcyclists ticketed for equipment violations in New York. Whether your case is in Long Island, Westchester, or upstate, our firm can help. We will gladly review your ticket and explain your legal options. Consultations are always free.

VTL § 381-1(a) - Inadequate Motorcycle Brakes

If you are cited for operating a motorcycle in New York without proper braking equipment, you will be charged under Vehicle & Traffic Law § 381-1(a). This section requires that motorcycles be equipped with functioning brakes on both the front and rear wheels. A violation is considered a traffic infraction and carries the following penalties:

• Fine: Up to $100
• Surcharge: $58 or $63, depending on the court
• Points: 4 points on your driving record

Although this may seem like a minor equipment issue, the points and violation can have long-term consequences, including higher insurance premiums and potential license issues if you have prior infractions. It is advised to consult a traffic attorney before simply pleading guilty.

Statute

The exact wording of the relevant sub-statute is:

1-a. Every motorcycle registered in this state and manufactured or assembled after January first, nineteen hundred seventy-one and designated as a nineteen hundred seventy-one or subsequent year model shall be equipped with brakes acting on the front as well as the rear wheel.

Understanding VTL § 381-1(a)

VTL § 381-1(a) is a lesser-known but very specific section of New York’s Vehicle and Traffic Law. It applies exclusively to motorcycles and requires that both the front and rear brakes be functional. Unlike general equipment violations that apply to all vehicles, 381-1(a) targets motorcycle design and safety compliance.Almost all other motorcycle equipment violations do not carry points, but inadequate brakes is the exception for obvious reasons. This is why the legislature created a separate section specifically for this braking requirement, rather than including it under broader safety standards. The law is routinely enforced, especially after accidents or during roadside inspections involving motorcycles.

While many riders assume their bikes are compliant, older models, custom builds, or improperly maintained motorcycles can easily trigger this violation. The statute makes no exceptions based on the rider’s knowledge or intent — if your brakes do not meet the legal standard, you are at risk of being ticketed.

Fighting a VTL 381-1(a) Ticket

Whether the charge is accurate or not, you have every right to fight a VTL 381-1(a) ticket. There is nothing illegal or unethical about pleading Not Guilty to a traffic violation, even if the facts are technically true. A Not Guilty plea simply invokes your Constitutional right to require the prosecution (the “People”) to prove their case in court. It is not a claim of innocence; it is a strategic legal step.

In most cases, the court and prosecutor will prefer to avoid the time and effort involved in proving their case. Instead, they may offer a plea deal that reduces the charge to something less serious—possibly eliminating the points or lowering the fines. With the right legal strategy, it may even be possible to have the ticket dismissed entirely, especially if the issue has been corrected or the legal basis for the traffic stop was flawed.

A traffic ticket lawyer can assist in two important ways. First, an experienced attorney knows how to negotiate the best possible outcome, often securing a reduction that would generally not be offered to someone representing themselves. Second, your lawyer can handle all the legal paperwork and appear in court on your behalf, saving you time, stress, and potentially avoiding a trip back to the court jurisdiction.

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