VTL § 1131, “Driving on Shoulders and Slopes”

The description of violation on the ticket may be “Driving on Shoulder” or “DRIV’G IN SHOULDER /LMT ACESS HGWH”

Vehicle & Traffic Law § 1131 prohibits motorists from driving on the portion of the roadway that is clearly marked as being the shoulder. The most common circumstances giving rise to this ticket is where a motorist tries to avoid a traffic jam by driving on the shoulder. Our firm has seen many such tickets issued by New York State Police in New York City. Under the circumstances there are other violations that can be cited including Disobeying a Traffic Control Device (VTL 1110-a) and Passing on Right (VTL 1122-a). If convicted of VTL 1131 you will get two points on your driving record and can expect to see increased vehicle insurance rates. The fine is determined by the judge with the maximum being $150 plus a $93 mandatory state surcharge for a first-time offense.

Text of the Statute (link)

Except for bicycles and those classes of vehicles required to travel on shoulders or slopes, no motor vehicle shall be driven over, across, along, or within any shoulder or slope of any state controlled-access highway except at a location specifically authorized and posted by the department of transportation. The foregoing limitation shall not prevent tow trucks from using shoulders or slopes in as limited and incidental a manner as practicable when dispatched to the scene of an accident by a law enforcement agency or an authority, department or agency having jurisdiction over such controlled-access highway and all lanes are obstructed by traffic, provided, however, that the foregoing shall not relieve the driver of a tow truck from the duty to drive with due regard for the safety of all persons nor shall such provision protect the tow truck driver from the consequences of his or her reckless disregard for the safety of others and shall at all times operate such tow truck in compliance with all standards of care imposed to prevent those injuries or damages to persons or property of another which may result from the operator's negligence, recklessness or intentional misconduct, nor shall it prevent motor vehicles from using shoulders or slopes when directed by police officers or flagpersons, nor does it prevent motor vehicles from stopping, standing, or parking on shoulders or slopes where such stopping, standing, or parking is lawful.

Fighting a 1131 Ticket

Motorists often assume that their case is “open and shut” and of no use fighting. This is not correct. Such charges can be disputed on various technical and procedural grounds. The Constitution mandates that the officer has the burden of establishing a case and they often fall short of meeting this burden.

New York State law allows attorneys to attend court in the place of their clients. The attorneys can even conduct a trial without the Defendant being present in court. This means someone else can fight your ticket without you even leaving your home. When considering retaining a lawyer for your traffic ticket there are two items to consider: (1) The percentage of the lawyers’ practice that is dedicated to Traffic Law. It should be approximately 75%. (2) The proximity of the lawyer to the location of the courthouse. An attorney that is in the area of the court is usually better equipped, for several reasons, to fight the charges.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a traffic ticket defense firm. We practice all over New York State. Our firm has experience fighting this particular type of ticket in many courts. Attorneys from our firm have gotten such violations dismissed or reduced to parking tickets. We have done so specifically in the Nassau TVA, Brooklyn TVB, Queens TVB, Bronx TVB, Yonkers City Court, and Thompson Town Court. Feel free to reach out for more detailed information on our previous cases or how we can help with your ticket. We are available during regular business hours via phone call, email, or text message. The team at the Benjamin Goldman Law Office provides all motorists with a free consultation. Our attorneys look forward to working on your case.

Fight a VTL § 1131 Ticket