What Happens if You Violate the Move Over Law in New York?

move over new york

The Empire State’s Move Over Law requires quite a few things from drivers. Despite existing in every jurisdiction except Washington, D.C., not everyone knows the full extent of Move Over Laws. For more information on the Move Over Law in New York, please continue reading, then contact an experienced Nassau County traffic violation lawyer today.

What does the New York Move Over Law dictate?

At a bare minimum, New York’s Move Over Law requires drivers to exercise greater caution when approaching an emergency or hazard vehicle that has stopped on the side of the road with its emergency lights on. The law expects drivers to move one full lane away from the stopped vehicle or reduce their speed.

Specifically, the Move Over Law mandates that drivers slow down and move over for the following emergency and hazard vehicles:

  • Police
  • Ambulance workers
  • Firefighters
  • Tow trucks that display amber lights
  • Roadway construction crews
  • Roadway maintenance crews
  • Sanitation vehicles

What penalties do you face for violating the New York Move Over Law?

Drivers who violate the Empire State’s Move Over Law and sustain a conviction will face the following consequences:

  • 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.
  • Points: 2 points on your license for every offense.
  • Surcharges: Upon conviction, drivers are obligated to pay a state surcharge of $83 or $93.
  • Driver Responsibility Assessment (DRA) fee: Receiving 6 points within months requires drivers to pay an additional fine (DRA), which is separate from the fine and is paid directly to the DMV; a DRA costs $300 for the first six points and $75 for each subsequent point.
  • Auto insurance increase: As a moving violation, a conviction for this offense can have an impact on your insurance premium, specifically a hike in the rate of up to 20 percent.

How do you defend against New York’s Move Over Law?

First of all, you should retain the services of Jacob A. Rudman, Esq. as soon as possible. Rudman will wage one of several defenses on your behalf, including the following:

  • The required lane change was dangerous: Per another of New York State’s laws, drivers may not change lanes unless doing so is safe. The evidence may indicate that the required lane change would have placed other people in danger of physical harm and/or death.
  • You did not have time to move over: Depending on the landscape of the scene of the alleged violation, you might not have seen the stopped emergency or hazard vehicle on the side of the road until it was too late.

The Empire State will prosecute you to the fullest extent of the law, so avail yourself of the skilled representation available from our firm.


If you are facing any criminal or traffic matter, contact us today to schedule your first consultation.

Read Our Recent Blog

View More