Greetings… This month, I want to talk about Vehicle and Traffic Law (VTL) § 1172a, which states: “Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line, but if none, then shall stop before entering the crosswalk on the near side of the intersection, or in the event there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of the approaching traffic on the intersecting roadway before entering the intersection and the right to proceed shall be subject to the provisions of section eleven hundred forty-two.”

A stop sign, of course, commands the approaching driver to come to a complete stop. But where? It depends on whether there is a marked stop line, crosswalk, or neither. If there is a marked stop line, the driver must stop at that line before entering the intersection. If there is no marked line but a crosswalk is present, the driver must stop before the crosswalk. If there is neither a marked stop line nor a crosswalk, the driver must come to a complete stop at the point nearest the intersecting roadway where the driver has a view of the approaching traffic.

According to the relevant NYS regulation: A violation of § 1172a carries “3” NYS DMV penalty points, which is above the standard “2” points typically assessed for common violations of the rules of the road under the VTL.

If an operator receives a section 1172a violation, he should immediately contact his attorney to discuss his legal defense. It is important you fight this violation using appropriate legal counsel.

Thanks for reading this article. Until next month, be well.

Article by Michael Spevack

A 1992 graduate of NYU School of Law, Michael Spevack has been a lawyer in good standing in New York State since 1993. He has been helping NYC for-hire vehicle drivers since 1995, when he opened his own law firm. Mr. Spevack can be reached at 212.754.1011; he also welcomes visitors at his office: 1204 44th Avenue Long Island City NY 11101.

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