VTL 1116(e), Traveling in Lane Controlled by Red Signal
You may come across a highway upon which there are traffic lights above the lanes showing whether travel is permitted in the relevant lane. If the traffic light shows a red X, it means travel is prohibited in the lane below the X. If you continue in the lane you can be charged with VTL 1116(e). If you are convicted (whether after trial or with a guilty plea) you will get three points on your New York State driver’s license. The exact fine is up to the judge, with the maximum being $243. In New York City, the fine is $138. With the violation appearing on your driving record, you can expect to see increased insurance rates.
Text of Statute
Lane-use control signal indications. Whenever traffic is controlled by lane-use control signal indications located over the individual lanes of a highway, only the colors green, yellow, white and red shall be used, and said signals shall indicate and apply as follows:
(a) Traffic facing a steady downward green arrow signal indication is permitted to drive in the lane over which the arrow signal indication is located.
(b) Traffic facing a steady yellow X signal indication shall prepare to vacate the lane over which the signal indication is located because a lane control change is being made to a steady red X signal indication.
(c) Traffic facing a steady white two-way left-turn arrow signal indication is permitted to use a lane over which the signal indication is located for a left turn, but not for through travel, with the understanding that common use of the lane by oncoming road users for left turns is also permitted.
(d) Traffic facing a steady white one way left-turn arrow signal indication is permitted to use a lane over which the signal indication is located for a left turn (without opposing turns in the same lane), but not for through travel.
(e) Traffic facing a steady red X signal shall not use the lane over which the signal indication is located and this signal indication shall modify accordingly the meaning of other traffic controls present.
Disputing a VTL 1116(e) Ticket
A common misconception is that you can only plead Not Guilty if you believe the allegations are not true. This is a misunderstanding of how the justice system works in the United States. Stating “Not Guilty” does not mean you are claiming that the allegations are not true. Pleading “Not Guilty” simply means you are utilizing your Constitutional rights to require the government to prove their case. There is nothing illegal or unethical to submitting a Not Guilty plea to a charge that is entirely correct.
In many instances, instead of going through the burden of establishing a case, the government (i.e. officer or prosecutor) will present with you a plea bargain offer. The plea offer would reduce or eliminate the points. It will usually lower the fine as well. Most importantly it would minimize or eliminate the exposure to increased insurance rates.
Retaining a traffic ticket law firm when facing traffic related charges is often a worthwhile investment. Firstly, the law firm can file the Not Guilty plea in court and the attorneys make any court appearances in your place. Secondly, an experienced and tough traffic lawyer puts you in the best position to obtain the most optimal disposition.
Benjamin Goldman Law Office
The Benjamin Goldman Law Office is a New York State traffic ticket law firm. Our law office can help with a ticket for 1116(e). Our firm first opened in 2011 in Sullivan County. Since then, we have expanded and now offer legal services throughout the state. From East Hampton on the edge of Long Island in the east, to towns outside of Buffalo such as Amherst to the west. From towns like Champlain along the Canadian border in the north, to Brooklyn in the south. We welcome all traffic-related cases and will be glad to review and consider your case. The Benjamin Goldman Law Office provides all with free consultations.