Railroad Barrier Violation Causing Physical Injury (VTL 1170(c)(2)) – NY Traffic & Criminal Defense Lawyer

The Benjamin Goldman Law Office represents motorists charged under VTL § 1170(c)(2), which applies when a driver goes through, around, or under a railroad crossing gate or barrier and causes physical injury. This charge is treated far more seriously than a routine traffic ticket because it is charged as a felony. Cases are typically prosecuted by a District Attorney and can carry significant criminal penalties in addition to court surcharges and other consequences.

We handle these cases anywhere in New York State. For example, in the Buffalo Region we appear for motorists in Alfred; in the Capital Region we regularly cover Altamont; in NYC, we cover all of the 5 burroughs, including Manhattan; on Long Island we help motorists in Baxter Estates; and in Upstate New York we are available for all of Allegany County. Consultations are always free.

VTL § 1170(c)(2) — Drove Through/Around/Under Railroad Barrier Which Causes Physical Injury

A violation of § 1170(c)(2) is classified as a felony (FE). Unlike ordinary traffic infractions, the fines and jail ranges are governed by the New York Penal Law based on the particular injury and facts alleged. Courts view these incidents as serious public-safety events because they occur at active railroad crossings and involve injury to another person.

• Classification: Felony (FE)
• Points: 0
• Fines/Jail: Set by New York Penal Law (varies by case)
• Surcharge: $80 (criminal courts)
• Town/Village: N/A (handled as a criminal matter)

Because the case is criminal, you face consequences that can include a permanent record, probation or incarceration, restitution, and collateral effects on employment and licensing. Early intervention by an experienced attorney can help protect your rights and preserve favorable defenses.

Statute

The exact wording of the relevant sub-statute is:

§ 1170(c)(2). Any person convicted of a violation of this section resulting in an accident which causes physical injury, as that term is defined pursuant to subdivision nine of section 10.00 of the penal law, serious physical injury, as that term is defined pursuant to subdivision ten of section 10.00 of the penal law, or death to another person, shall be guilty of a class E felony.

Defending a VTL § 1170(c)(2) Charge

Entering a Not Guilty plea requires the prosecution to prove every element beyond a reasonable doubt, including the operation, the violation of the barrier or gate, and the causal connection to the alleged physical injury. Evidence issues (video, sightlines, warning devices, train movement, weather/visibility), causation disputes, and the degree of injury are often central. In the right case, negotiations can reduce the charge or resolve it without a felony conviction.

Our firm evaluates the evidence, obtains discovery, and explores all viable defenses and mitigation. We frequently appear on a client’s behalf to minimize court appearances and pursue the most favorable outcome possible.

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