Vehicle And Traffic Law § 1128(b) “Driving in Center Lane”

Some roads in New York are configured with a center lane that both sides of traffic can utilize to make turns. In the right circumstances it can also be used to pass another vehicle. Misusing the center lane can result in a traffic ticket charging the motorist with violating VTL §1128B. Under the given circumstances, the motorist can also be charged with Disobeying a Traffic Control Device (VTL 1110a). If convicted of 1128b you will get three points on your driving record and should expect to see increased car insurance rates. The exact fine is up to the judge with the maximum at $150 plus a $93 mandatory state surcharge for a first-time offense.

Text of VTL § 1128(b) Statute (link)

Upon a roadway which is divided into three lanes and provides for two-way movement of traffic a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic-control devices.

Challenging Traffic-Related Charges

New York State law allows lawyers to go to court in the place of their clients. The client would have to sign a authorization form that allows their attorney to enter into a plea on their behalf. This means you can get your charges dismissed or reduced without taking off from your job or even leaving your home. When considering retaining a lawyer for your traffic ticket there are two important things to look for. (1) The percentage of the potential lawyer’s practice that is dedicated to Vehicle & Traffic Law. The number should be at least 75%. (2) Where the lawyer is located in proximity to the courthouse that is adjudicating your case. Some courts are in rural locations and it is difficult to find a local attorney. If you get a ticket in a city, there will likely be many local attorneys willing to take on your case.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office practices Vehicle & Traffic Law. For any other traffic-related charges in New York State, our team should be able to help. Our firm has seen much success fighting traffic tickets in many different courts. We have had specific success helping clients with 1128-b charges. Our attorneys have been able to get them dismissed or reduced to parking tickets in Westhampton Beach and the Nassau County TVA.

For more information on how we can help, you just have to get in touch with us. Our team is available during regular business hours via phone call, email, text message, website submission, or chat feature on our website. The Benjamin Goldman Law Office provides all motorists and their relatives that are helping them with a complimentary consultation.

Other Traffic Violations We Handle


If you were hit by a car that was illegally in the center lane, you can consult the Sternberg Injury Law Firm to go over your options

Disclaimer: All the content of this website has been prepared by Benjamin Goldman Law Office PC for informational purposes only and does not constitute legal advice. The information on this website shall not be construed as an offer to represent you, nor is it intended to create, nor shall the receipt of such information constitute, an attorney-client relationship. Our hope is that you will find the information useful and informative, and we would be happy to communicate with you and answer any questions you may have about our legal services. Readers should not act upon the information on this website, or decide not to act based upon the information on this website, without first seeking appropriate professional counsel from an attorney licensed in the home state of the drivers license of the person who received the relevant traffic citation.