Friday, June 14, 2013

Fighting for What's Right: Can Police Issue Tickets for Violations They Never Saw?

Car off the road, and then you get tickets, was your speed Not Reasonable and Prudent?

I'd like to imagine I'm a pretty easy going guy. Don't ask my wife about this, because she knows better and believes that I can be a big PITA (pain in the ass). Certain things just bother me. I'm annoyed by unfairness and unprincipled conduct. So that means I must spend a large majority of time away from people, government, and businesses to avoid being mad.

Maybe that's why I moved to the boonies? Yeah, Ithaca is the boonies when you were born and raised in Brooklyn.

Making Friends

I got into a little argument the other day with a Deputy. Great guy, dedicated, and bright but he believes he is entitled to write up people for speeding (traffic) violations he never witnessed. He stood in front of me and counted off reason after reason why he believes that people that go off the road MUST be going over the speed limit.

1. he arrived on the scene without going off the road
2. other cars passed without going off the road
3. he would testify to reconstruct the scene in court

So therefore, my client must have been speeding, as in "Speed Not Reasonable and Prudent" VTL 1180 (a).

Why this common and ongoing practice is illegal:

1. NYS CPL 140.10 (1) (b) prohibits (stops) a LEO (law enforcement officer) from making an arrest or issuing an appearance ticket (traffic ticket) for a violation (infraction) committed outside of their presence.

2. Officers, troopers, and deputies can only write unseen violations for three situations. All involve an accident, and/or leaving the scene and/or alcohol.

So the moral of this story is don't accept this common police practice sitting down as in just pleading guilty. Confront, hire an attorney, and take it and them to court.

Lawrence (Larry) Newman, D.C., Esq.

Doctor of Chiropractic
Attorney and Counselor at Law