VTL § 1171 (c)(ii)e, “CMV Failed to Stop at RR Crossing”

VTL § 1171 (c)(ii)e is a specific violation that relates to the failure of a commercial motor vehicle to stop at a railroad crossing. A conviction of this violation will put five points on your New York driving abstract, undoubtedly cause increased insurance rates, and put your CDL privileges at grave risk. The maximum fine is $150 for a first-time offense, $500 for a second time offense, and $750 for a third offense. There is also a $88 surcharge in a city court and $93 surcharge in a justice court.

Text of Statute

The text of the statute is as follows:

Every motor vehicle used in commerce with a gross vehicle weight rating of greater than ten thousand pounds not subject to the requirements of subdivision (a) of this section: (i) shall upon approaching a railroad grade crossing, be driven at a rate of speed which will permit said motor vehicle to be stopped before reaching the nearest rail of such crossing, and shall not be driven upon or over such crossing until due caution has been taken to ascertain that the course is clear; and (ii) shall stop at such crossing if the course is not clear.

Fighting § 1171 (c)(ii)e Charges

For a CDL driver, it is most imperative that you try getting such a ticket reduced to a minor violation or dismissed. There are several possible defenses to this ticket. It can be challenged on procedural grounds, technical grounds, practical aspects, and factual defenses. An experienced traffic ticket lawyer is in the best position to win your case. Your attorney should also be able to make any court appearances in your place. For more detailed information, you can contact the team at the Benjamin Goldman Law Office PC.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office practices Vehicle & Traffic Law across New York State. Our firm should be able to help with such railroad-crossing related traffic charges. Lawyers at our firm have experience fighting many such violations. The Benjamin Goldman Law Office helps motorists in all areas of New York State, including Long Island, New York City, Upstate New York, Hudson Valley, Catskills, Capital District, Mohawk Valley, Central New York, Finger Lakes, Western New York, Thousand Islands, and Northern New York. We can be reached during regular business hours to discuss your VTL § 1171 (c)(ii)e ticket. Our team will be glad to review the circumstances leading to the traffic stops and advise on your options. You can get in touch with us via phone call, email, or text message. The Benjamin Goldman Law Office welcomes such cases and looks forward to working with you to try to beat your charges.

Fight the VTL § 1171(c)(ii)e Ticket