Law Office of Randy S. Alpert

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Move Over New York Law

Former Queens County Prosecutor | More Than 25 Years of Experience

Due to the increasing number accidents and fatalities of law enforcement personnel as a result of their emergency vehicles being parked and struck on the side of the road, on January 1, 2011, New York’s “Move Over” law went into effect (VTL 1144-a). An operator of a motor vehicle shall exercise due care to avoid colliding with an authorized emergency vehicle which is parked, stopped or standing on the shoulder or any such highway and is displaying one or more red or combination red and white lights. For operators of motor vehicle on parkways or controlled access highways, such due care shall include, but not be limited to, moving from a lane which contains or is immediately adjacent to the shoulder where such authorized emergency vehicle is parked, stopped or standing. A violation of this law is a three point moving infraction.

According to a national poll by Mason Dixon Polling & Research, sponsored by the National Safety Commission:

  • 71 percent of Americans have not heard of “Move Over” laws;
  • 86 percent support enacting “Move Over” laws in all 50 states; and
  • 90 percent believe traffic stops and roadside emergencies are dangerous for law enforcement and first responders.

If you have any questions or need further information, please contact our Queens Criminal and Traffic Attorney at 718-544-3963, 516-206-3062 or 631-232-1800 today. From our offices in Forest Hills, Valley Stream and Central Islip we represent clients throughout the region in Queens, Nassau County and Suffolk County.