Steve Vaccaro fights a ticket for riding outside the bicycle lane in the State Supreme Court.
Cyclist Evan Neumann was biking up Allen Street on the Lower East Side last February when he was pulled over by an NYPD officer and issued a ticket for something that isn’t against the law in NYC. As Neumann was approaching Stanton Street, he checked behind him to make sure there was no oncoming traffic, and left the bike lane to switch to the right side of Allen, in order to make the right turn on Stanton. He was then issued a ticket for failing to use the bike lane. Thing is, cyclists are not legally required to stay in the bike lane in NYC in every situation.
State law VTL 1234 prohibits cyclists from riding on the left-hand side of the road or more than two abreast, and requires cyclists to proceed in a bicycle lane—but it does not apply in NYC. Neumann fought the ticket—which could have cost him between $50 and $100—and lost in traffic court, and the DMV appeals board also rejected his appeal. So now he’s filed a motion in State Supreme Court to have the ticket dismissed. His attorney, Steven Vaccaro, is convinced his client will prevail.
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