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Nacmias Law Firm, PLLC

OATH Violations

DOT Traffic-Violation Defense

We defend cyclists, drivers, business owners, and contractors against NYC Department of Transportation summonses — failure-to-yield (Admin Code § 19-190(b)), sidewalk-cafe violations, street-permit issues, and signage matters — at OATH across all five boroughs.

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Overview

What you need to know about DOT Traffic-Violation.

The basics, what we do, and the issues we see most.

What is a DOT or NYPD summons heard at OATH, and what are my options?

Quick Answer

DOT and NYPD-issued OATH summonses cover street and right-of-way matters: failure to yield to a pedestrian/cyclist with injury under Admin Code § 19-190(b), sidewalk-cafe rule violations, street-permit and street-opening violations, and signage matters. Heard at OATH, not Traffic Violations Bureau. Penalties range from $250 to several thousand dollars; § 19-190(b) carries up to 30 days' imprisonment.

Services we offer for DOT Traffic-Violation.

Most OATH-heard DOT/NYPD matters now run as phone hearings — we represent respondents remotely at flat fees, with focused investigation of the inspector or officer's documentation. Here's what we do.

  • Defend Failure-to-Yield Causing Physical Injury summonses under NYC Admin Code § 19-190(b) — the cyclist/driver-versus-pedestrian/cyclist statute heard at OATH
  • Defend sidewalk-cafe rule violations — operating outside permitted hours, geometry violations, missing licenses
  • Defend street-opening, canopy, and street-construction permit violations under 34 RCNY
  • Defend signage violations — illegal projecting signs, awnings without permits, signs blocking right-of-way
  • Negotiate stipulations and reduced penalties; coordinate with insurance carriers where coverage may apply
  • File Motions to Vacate Default within the 75-day OATH window under 48 RCNY § 6-21

Scenarios we see most.

  • Failure-to-Yield Causing Physical Injury under Admin Code § 19-190(b) (cyclists and drivers)
  • Sidewalk-cafe operating outside permitted hours or geometry
  • Sidewalk-cafe missing or expired licenses (DCWP/DOT)
  • Street-opening permit violations and unrestored cuts
  • Canopy, awning, and projecting-sign permit violations
  • Construction-zone signage and pedestrian-protection violations
  • Commercial-vehicle violations heard at OATH (not TVB)
  • Defaulted summonses requiring motion to vacate within 75 days

Who we help

Who we represent.

Every case handled directly by the attorney you speak with at intake.

Property Owners & Landlords

DOB, FDNY, DEP, DSNY citations across residential and mixed-use portfolios.

Contractors & Developers

Work-without-permit, stop-work orders, and post-completion inspections.

Restaurants & Retail

DOHMH letter-grade hearings, FDNY suppression-system summonses, DCA licensing.

Co-op & Condo Boards

Façade Local Law 11, elevator inspections, building-wide compliance matters.

How we handle your case

From summons to resolution.

The same attorney handles your matter from intake through hearing and closeout.

  1. 1

    Step 1 of 5

    Review summons, charging document, and any officer/inspector report

  2. 2

    Step 2 of 5

    Identify procedural and substantive defenses (notice, identification, statutory elements)

  3. 3

    Step 3 of 5

    Pull related records — police report, DASNY/DOT permit history, photos

  4. 4

    Step 4 of 5

    Represent at OATH phone hearing or negotiate stipulation

  5. 5

    Step 5 of 5

    File appeal or motion practice if adverse decision warrants

Frequently asked

Questions clients ask first.

Direct answers from the attorney who handles these matters.

Most asked

What is NYC Admin Code § 19-190(b) and why is it heard at OATH instead of court?

§ 19-190(b) is the local 'failure to yield to a pedestrian or cyclist with physical injury' statute, often called the 'Right of Way Law.' Unlike traffic infractions adjudicated at TVB, § 19-190(b) carries criminal-misdemeanor potential — up to 30 days' imprisonment, fines, and a permanent record — but most cases are diverted to OATH for civil-penalty adjudication. The OATH track typically caps at $250 in monetary penalty, but a finding still appears in DMV abstracts and can affect commercial driver licensing.

Question 2

Can a cyclist receive a § 19-190(b) summons?

Yes. The statute covers any person operating a vehicle, including bicycles, e-bikes, and mopeds. NYPD has issued § 19-190(b) summonses to cyclists involved in pedestrian-injury collisions. Defenses are similar to driver matters: identification, intersection geometry, pedestrian behavior, and signal timing. We have specific experience defending cyclists at OATH.

Question 3

How much does it cost to defend a § 19-190(b) or other DOT summons?

Routine OATH-track DOT matters are handled on flat fees — typically $750–$2,000 for a single-summons defense, including phone hearing representation and standard motion practice. Multi-summons matters or cases requiring expert reconstruction are quoted on consultation. Free initial consultation. The financial calculus often favors representation over default given that defaults sustain at maximum penalty plus license/insurance impacts.

Question 4

What's the difference between an OATH hearing and a Traffic Violations Bureau (TVB) hearing?

TVB handles VTL infractions (speeding, red light, stop sign, cell phone) — issued by NYPD on standard traffic tickets. OATH handles NYC Admin Code violations and many DOT-rule matters. The procedural rules, penalty structures, and judges are different. § 19-190(b) and most DOT-permit matters go to OATH; speeding tickets go to TVB. If you're unsure where your summons is heard, the venue is printed on the document — and we routinely re-direct misfiled cases.

Question 5

I missed my OATH hearing for a DOT summons. What can I do?

You have 75 days from the default decision to file a Motion to Vacate Default at OATH (48 RCNY § 6-21), showing both excusable default and a meritorious defense. After 75 days, the only remedy is an Article 78 proceeding in NY Supreme Court. The first step on a missed hearing is always to check OATH's Appearance Search to confirm the default date — call us same-day and we'll usually be able to file within 24-48 hours.

Question 6

Will a § 19-190(b) finding affect my driver's license or commercial driving record?

An OATH finding for § 19-190(b) does not carry DMV points the way a TVB conviction does, but the finding is reportable to DMV, can appear in abstracts requested by employers and insurers, and may affect commercial driver licensing (CDL) and driving-related employment. Outcomes also flow to NYPD Crash Investigation Squad records. The reputational and career impacts often justify representation even when the monetary penalty is modest.

Guides & resources

Practical references & further reading.

Articles and tools updated as NYC rules change.

Article

NYC Failure-to-Yield (§ 19-190[b]) at OATH: What to Expect

Complete guide to NYC Admin Code § 19-190(b) 'Failure to Yield Causing Physical Injury' summonses at OATH. Learn about phone hearings, flat fee structure, and what to expect from the process.

NYC traffic violationsfailure to yieldOATH hearings
Read articleOpen
View all guides
External

New York City Department of Transportation (NYC DOT)

NYC DOT manages the city's transportation infrastructure, including streets, bridges, and traffic operations.

External

New York City Police Department (NYPD)

The NYPD is responsible for maintaining public safety and enforcing laws throughout New York City.

Free case review

DOT or § 19-190(b) summons in hand?

Phone hearings are typically scheduled 4-8 weeks out. Defenses depend on officer/inspector documentation that should be requested early. Same-day case review during business hours.

Start Your Case ReviewCall 347-392-6356

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters