Albany Legal Issues Blog

Many drivers in New York have been accused of traffic violations. For those in certain professions like professional truck driving, even a minor a traffic violation can have a major impact on a career. Unlawfully passing a school bus is one such "minor" violation that trips up many motorists. Overtaking and passing a school bus is a violation of Section 1174 of the New York code.

A motorist can be charged if they are caught by law enforcement passing a bus from either direction if the bus has stopped on a public highway, street or private road for the intent of receiving or letting out passengers. This law is meant to protect the safety of children who may dart onto the street after being let out of a bus.

A week-long law enforcement detail in New York known as Speed Week aims to target drivers who are driving under the influence, driving aggressively and driving while distracted. Prior Speed Week operations in the state have led to dozens of tickets being issued to drivers for a variety of offenses. State police estimate that speeding contributes to approximately 33 percent of fatal crashes in New York. Across the nation, fatal car accidents claim the lives of approximately 42,000 individuals each year, and vehicular accidents are the leading cause of death in children under 3 years old. Hundreds of thousands of additional individuals suffer injuries as a result of car accidents each year.

Speed Week aims to reduce the number of car crashes, fatalities and injuries by citing those who are violating traffic laws. During Speed Week, law enforcement officers will use both marked State Police vehicles and un-marked Concealed Identity Tracking Enforcement, or CITE, vehicles in order to target motorists who are speeding. Law enforcement officers hope that the use of CITE vehicles will allow troopers to more easily identify drivers who are using cellphones while driving, speeding or driving aggressively. The vehicles can blend in easily with traffic but are easily recognized as emergency vehicles once the police activate the emergency lighting system.

New York law requires that drivers exercise care while operating a motor vehicle. Most states also have laws that prohibit certain actions while driving. For instance, evading a police officer is considered to be an example of reckless driving. Driving at an excessive speed or failing to stop at a stop sign or red light are also considered to be reckless actions. Drivers who are charged with DUI could also face a separate reckless or careless driving charge.

Those who are convicted on such a charge could lose the right to drive for a predetermined amount of time. Individuals who have had their licenses suspended in the past could experience a license revocation after being convicted of a reckless driving charge. Not having the ability to drive could cause an interruption to a person's livelihood. Other penalties include spending time in jail and paying a fine. It may be difficult or impossible to obtain military clearances.

Many New York drivers are aware that slower drivers are supposed to stay in the right lane unless they are passing. If they do need to pass an even slower vehicle, the drivers are supposed to use the left lane only to get around the vehicle before moving back over. However, there are instances where a driver who is moving slower than the speed limit will hog the left lane, preventing traffic from moving.

In the state of New York, the left lane is for passing slower drivers only. Unless there are obstacles, such as items in the road, that prevent the right lane from being safe, all drivers are otherwise required to remain in the right lane. If there are faster vehicles, the slower vehicles must yield by passing back into the right lane.