VTL 1170(c)(1) — Driving Through/Around/Under Railroad Barrier with Passenger Under 18

The Benjamin Goldman Law Office defends motorists charged under VTL § 1170(c)(1). This statute applies when a driver goes through, around, or under a railroad crossing gate or barrier while it is closed or in motion and is carrying at least one passenger under the age of eighteen. A first offense is a Class A misdemeanor; a second offense within five years is charged as a felony. Although the violation carries 0 driver points, it is still a criminal offense with real consequences.

We handle these cases statewide. Whether your ticket is in the Buffalo–Niagara region, the Capital Region, Long Island, New York City, or Upstate courts, we can evaluate the accusations and discuss defenses and outcomes with you. Consultations are free.

Elements & Common Issues

To prove a violation of § 1170(c)(1), prosecutors generally must establish:

• A railroad gate or barrier was closed, closing, or opening at a crossing;
• The driver proceeded through, around, or under the barrier; and
• The vehicle carried a passenger under 18 at the time.

Defense themes often include whether the gate was actually in motion or closed, whether the crossing was properly signed and functioning, identification of the driver, and proof that a passenger was under the age threshold. Video (crossing cameras/dashcam), train logs, and witness statements are frequently pivotal.

Penalties for VTL § 1170(c)(1)

• Classification: Class A misdemeanor (first offense). A second within 5 years is charged as a felony.
• Fine: First offense typically up to $200.
• Possible Jail: Up to 30 days on a first offense (misdemeanor sentencing).
• Points: 0 points (criminal charge still applies).
• Surcharge: $88 (other courts) or $93 (town/village courts).
• Second within 5 years: Charged as a felony (E felony) with sentencing governed by the Penal Law; surcharge commonly $80; town/village courts do not have felony jurisdiction.

Beyond fines and possible jail, a misdemeanor or felony conviction creates a criminal record and may affect employment, immigration status, professional licensing, or security clearances. Early legal intervention can help limit exposure.

Statute

The exact wording of the relevant sub-statute is:

§ 1170. Obedience to signal indicating approach of train.

(c) 1. Any person convicted of a violation of this section while driving any vehicle carrying passengers under eighteen years of age, any bus carrying passengers, any school bus or any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, shall, upon conviction of a first offense, be guilty of a class A misdemeanor, and shall, upon conviction of a second or subsequent offense committed within five years of the prior offense, be guilty of a class E felony.

How We Defend § 1170(c)(1) Charges

Pleading Not Guilty compels the prosecution to prove each element. Our team obtains discovery, evaluates footage (patrol, MTA/railroad, dashcams), inspects signal timing and maintenance records, and challenges identification, age proof, and observations. Depending on the facts, we pursue dismissals, reductions to non-criminal infractions, or otherwise minimize penalties and collateral consequences.

Fight Your VTL § 1170(c)(1) Charge CALL NOW FIGHT YOUR TICKET NOW