Interfered with Motorcyclist’s Use of Lane (VTL § 1252(a)) – New York Traffic Defense Lawyer

The Benjamin Goldman Law Office represents motorists cited under VTL § 1252(a), Interfered with Motorcyclist’s Use of Lane. New York law entitles motorcycles to the full use of a traffic lane; driving in a way that deprives a motorcycle of that full use can lead to a conviction with fines, points, surcharges, and even short jail terms. We defend these tickets statewide.

VTL § 1252(a) – Interfered with Motorcyclist’s Use of Lane

This is a traffic infraction. Penalties escalate with prior convictions within 18 months:

• First offense: Fine up to $150; up to 15 days jail; 2 points; surcharge $88 (other courts) / $93 (town & village)
• Second offense (within 18 months): Fine up to $300; up to 45 days jail; 2 points; surcharge $88 / $93
• Third offense (within 18 months): Fine up to $450; up to 90 days jail; 2 points; surcharge $88 / $93

Beyond fines and surcharges, two points add to your driving record and can affect insurance. A lawyer may be able to contest the stop, the officer’s observations, or whether the motorcycle was actually deprived of the lane, and pursue a reduction to a no-point or lower-point disposition where circumstances allow.

Statute

The relevant sub-statute states:

§ 1252. Operating motorcycles on roadways laned for traffic.

(a) All motorcycles are entitled to full use of a lane and no motor vehicle or motorcycle shall be driven in such a manner as to deprive any motorcycle of the full use of a lane. However, this subsection shall not be construed to prevent motorcycles from being operated two abreast in a single lane.

How to Fight a VTL § 1252(a) Ticket (Interfered with Motorcyclist’s Use of Lane)

A VTL § 1252(a) ticket is defendable. Entering a Not Guilty plea forces the prosecution to prove that your driving actually deprived the motorcycle of the full use of the lane. That is a specific legal standard—not every momentary approach, partial encroachment, or normal lane change qualifies. The law also permits two motorcycles to ride two-abreast in one lane, which can affect how an officer interpreted spacing and lane position at the scene.

Common defense angles include:

• No actual deprivation: The rider retained full lane control (ample lateral clearance, no evasive action required, no braking or horn).
• Traffic geometry & lane width: Narrow lanes, taper zones, or construction pinches explain vehicle proximity without violating the statute.
• Safe passing / lane change in progress: Your signal, speed, and timing were reasonable; the motorcyclist’s movement created the apparent pinch.
• Officer vantage & visibility: Bodycam/dashcam or sightlines do not reliably show the relative positions needed to establish “deprivation.”
• Conflicting statements: Rider and officer recollections differ on speed, spacing, or whether the motorcycle straddled the lane divider.
• Necessity / safety justification: Immediate hazard (debris, emergency vehicle, pothole) temporarily limited lateral placement.

Helpful evidence to gather: dashcam footage, GPS speed traces, photos of the lane and shoulder width, construction or taper signs, witness statements, and a simple diagram of vehicle positions. We often use FOIL requests for body-cam and dash-cam video and compare it against the officer’s notes for inconsistencies.

Court strategy: In most upstate and Long Island courts, negotiations can target a reduced charge (often to a no-point or lower-point disposition) to manage insurance exposure. In NYC TVB matters, plea bargaining is not available, so the focus is on the hearing—challenging the officer’s ability to perceive spacing, proving safe operation, and highlighting gaps in the People’s proof.

The Benjamin Goldman Law Office handles VTL § 1252(a) cases statewide. We work to protect your driving record, minimize fines and surcharges, and—where possible—keep you out of court. A free consultation can clarify your options and the likely outcomes in your specific courthouse.

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