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Tag Archives: Moving Violation NYC

Failure to Yield to Pedestrians in Crosswalks

As a lawyer who defends people who receive summonses for moving violations, I frequently represent clients for Failure to Yield to Pedestrians. These summonses are issued more in NYC than they are in the rest of New York State. VTL 1151 provides pedestrians’ right of way in crosswalks. (a) When traffic-control signals are not in place or in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk on the roadway upon which the vehicle is traveling, except that any pedestrian crossing a roadway at a point where a pedestrian tunnel or overpass has been provided shall yield the right of way to all vehicles. It does not matter that you drove into the intersection on a green light. As long as the pedestrian is lawfully in the crosswalk, you may not enter the intersection. The pedestrian has the right of way if he or she has entered the intersection with a walk signal.

Failing to yield to a pedestrian or give them the right of way can result in a 3 point summons. So far this year there have been 17,490 summonses issued for failing to give a pedestrian the right of way in New York City. That is an alarming number that unfortunately will continue to grow. This is a city of pedestrians. No matter what time of day there will always be a sea of people walking to and from their destinations. Be mindful of them as they cross the streets.  According to Mayor DeBlasio’s Vision Zero data, there are 22 pedestrians killed a year and 1,925 pedestrians injured yearly in the city. Safer driving is imperative! Always give pedestrians the right of way and stay off electronic devices while driving so you can give 100% of your attention the condition of the road.

A conviction for Failure to Yield to Pedestrians will result in three points and a minimum fine of $138. If you receive a summons for Failure to Yield to a Pedestrian you or your attorney must personally appear in court. You cannot plead guilty by mail or internet. If you have recently received a summons for this violation or any other moving violation in New York please contact me at my office at 212-227-9008 or via email at michaelblock.law@gmail.com.

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Top Driver Excuses Given When Pulled Over For Cellphone Use While Driving

Getting pulled over for using ANY electronic device is a major offense. It is no wonder that when people get pulled over for talking on the their cellphone while driving they use all kinds of excuses to try to get out of their ticket. Take a look at the top 5 excuses I’ve stopped my clients from repeating in court:

1. I was using my GPS

2. I was just checking the time

3. I wasn’t using it, I was just holding it in my hand

4. It wasn’t my phone it was my comb. I was doing my hair.

  FYI- Then you’re still breaking the law. You must have both hands on the wheel.

5. I wasn’t on my phone, I was shaving.

                        – Shaving is still distracted driving, please don’t shave while driving. You could cause an accident or cut yourself.

6. I only had my phone in my hand because it fell on the floor and I had to pick it up.

 7. I was stopped at a red light.

                If actually true and believed by the court, this is a defense. But  if the officer’s statement is that the vehicle was in motion it’s hard to overcome. It’s best to NOT have your phone anywhere near you unless you are parked and the engine is off. Don’t touch it, look at it or play games on it.

Please remember: you must have BOTH hands on the wheel at all times while driving. It is never okay to “multi-task” while driving. If you are pulled over for driving while on your cell phone or any electronic device you will be ticketed and given 5 points. If this has happened to you please call my office immediately at 212-227-9008 or email me at michaelblock.law@gmail.com