Hello everybody. This month, I want to talk about Vehicle and Traffic Law (VTL) section 1102, which refers to obedience to police officers and flag persons – and which reads in its entirety as follows: “No person shall fail or refuse to comply with any lawful order or direction of any police officer or flagperson or other person duly empowered to regulate traffic.”
A clear example of what behavior this section applies to is the case of Ortenberg v. Commissioner of Motor Vehicles. In Ortenberg, a police officer was directing traffic and raised his hand to signal the driver of a vehicle to stop so that a child and school-crossing guard could cross the street. The operator of the vehicle ignored the signal and kept traveling. The defendant operator of the vehicle was found guilty of disobeying a lawful order or direction of a police officer.
Because the Courts have interpreted Vehicle and Traffic Law § 1102 to require that the police officer be regulating traffic at the time he gives the command or order, it was held in People v. Bohn, a motorist’s refusal to obey a police officer’s order to exhibit the license and registration did not violate this section. However, the motorist could be convicted of violating Vehicle and Traffic Law § 509(1), unlicensed operator of a motor vehicle; or a violation of Vehicle and Traffic Law § 401(1), operating a motor vehicle without proper registration. The Court also noted that if the motorist fails or refuses to identify herself, she may be arrested.
A conviction for section 1102 results in two points and a minimum fine of $138.
It is important to consult with a qualified attorney, like myself, if you receive a ticket for section 1102 of the vehicle and traffic law.
Thank you for reading my article. Until next month, be well…
