Running Red Lights and Stop Signs in New York
Penalties and enforcement for running red lights and stop signs in New York.
Running a stop sign or red light is one of the most common moving violations (especially popular when police officers must meet their ticket quotas for the month). Here are the basics on the enforcement, defenses and penalties for this offense in New York.
Where and How to Stop
Stop signs and traffic lights, sometimes referred to as traffic-control devices, are placed at intersections and crossings requiring the driver to come to a full stop at the “limit line” (a line painted on the street indicating where to stop), or if there is no limit line, at the entrance to the intersection or crossing.
New York’s Red Light/Stop Sign Law
2006 New York Code - Obedience To And Required Traffic-control Devices.
§ 1110. Obedience to and required traffic-control devices. (a) Every person shall obey the instructions of any official traffic-control device applicable to him placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this title.
(b) No provision of this title for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place.
(c) Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.
(d) Any official traffic-control device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence.
(e) For purposes of this article, "intersection" shall include the area embracing the juncture of a highway with a private road or driveway and "intersecting roadway" shall include an intersecting private road or driveway.
The fine for running a stop sign or red light can range from $100 to $300 (3 points) if it occurred in a city with more than population of one million, $50 to $100 if in other parts of New York. The fine for red light tickets is $50. These fines may change over time and differ by county. Check with the county clerk for the most current fines.
“The Right on Red” Rule
Like most states, New York allows drivers to make a turn on a red light in certain situations – typically if there is no sign prohibiting "right on red," and if it is safe to do so under the circumstances. A right turn on red is prohibited when a red arrow is present. No right turn on red is permitted in New York City unless a sign permits.
Left on Red Rule
New York permits left turns on red lights provided both the origin and destination streets are one way.
The “Yellow-Light Rule” in New York
In New York it is not illegal to deliberately drive through a yellow light. A yellow light means only that traffic facing the light is “warned” that a red light will soon follow. As long as your vehicle entered the intersection or passed the crosswalk or limit line before the light turned red, you haven’t broken the law.
- The officer could not see your full stop. Occasionally, an officer will park on a cross street so that all is visible is the stop sign and limit line, and maybe a few feet of road in front of the line or sign. A conscientious driver might well come to a complete stop a few feet behind the line where the officer can’t see; then, having already stopped as required, drive ahead into the intersection. If this happens to you, you should try to find out where the officer was parked. Later you can take pictures from that location to show just how limited the officer’s view was.
- You could not see the stop sign or red light. It may happen that local conditions made the device unviewable to you—for example, leaves from adjacent trees covered or obscured your view of a stop sign until it was too late to stop. This too can be shown with photographic evidence, and establishes the defense that you were neither willful nor criminally negligent in driving through it.
- The “recently installed” defense. One other possible (if rare) defense applies to newly installed devices. For example, it’s all too easy to miss seeing a recently installed stop sign on a familiar road. Willfulness or carelessness is an implied essential element of every violation and a judge may find you not guilty if the stop sign wasn’t visible until too late, or you didn’t realize it had just been installed.
- “Didn’t stop at the line” defense. People sometimes get a ticket because they stopped in front of the limit line or crosswalk, rather than behind. If this happens to you, perhaps you can truthfully testify that it hasn’t been repainted for so long that it was unnoticeable. Here again, a picture is truly better than a thousand words.
Red Light Cameras
New York permits the use of red light cameras – devices that photograph drivers running red lights and automatically issue tickets. Three possible defenses to consider for a red light camera ticket:
- You weren’t driving the car. If this is the case, the photograph should demonstrate that someone else was driving your vehicle;
- The yellow light was too short. In some cases, it has been discovered that municipalities have deliberately shortened the duration of yellow lights in order to increase the odds of running the light (and ratcheting up the town’s traffic enforcement revenue). If you want to make this claim, you should time the duration of the yellow light to see if it differs substantially from other nearby yellow lights. This argument may not succeed in all states.
- Some states require that warning signs be posted to make you aware of photo enforcement at the upcoming red light. Some states require warning signs for red light cameras. If you can prove that the municipality did not provide warning signage, you may be able to succeed in your red light camera defense. (Photos are essential to this defense.)