Ithaca DWI Lawyer: Can The Police Cherry Pick Speeders?

Police can and do Cherry Pick

Most people have this thing about stuff being fair. As in, that's not fair or that is fair or the latest expression "fair enough." Is anything really fair enough? Isn't fairness really arbitrary? Is there any set level or standard for fairness?

We in the business of criminal law and the defense of those charged with crimes and violations have people ask us about fairness. Is the prosecutor being fair? Is the judge being fair? Or are they generally speaking fair with fines, punishments, and how they treat people?


When it comes to police charging people fairness moves into a whole other category.

Can the police decide who gets charged with a crime and who does not?
Can the police "cherry pick" their speeders out of a bunch of cars?
Can they write down a lower speed or even a non-speed ticket for a speed stop?

Police have the Power to Charge People with Violations of the Law

How law enforcement chooses to enforce the law is entirely in their discretion. Five cars speed by them, all going over the speed limit, which car or cars do they stop? The answer is easy, any one they decide to. It is up to them to give citations. They can in fact "cherry pick" their violators. Perfectly legal for the police to do this.

In New York Police Can Also Give Roadside Reductions

Police can be as arbitrary as they would like to be in the moment. They can stop you for speeding or rolling through a stop sign. But then they can issue you an entirely different moving or even non-moving violation. This is called a roadside reduction.

Roadside Reductions Can Be a Change of the Offense or Even the Level of the Offense 

They can decide to write you up for going only 5 mph over the limit versus 20 mph over the speed limit. They can choose to write you up for failing to obey a traffic device, VTL 1110 (a) even though you were clearly speeding.

Police Can Come to Court, Talk to a DA, or Even Talk to Defense Attorney and Lower a Violation

Police have the discretion to favorably lower or change a ticket BUT they can also come to court or talk with a district attorney and raise a ticket or change a ticket back to what you originally did. YES, they can take away a roadside reduction if you contest (challenge) it later in Court. That is why they usually put in the original paperwork (their supporting deposition) all of your actions. It might state that you were speeding, that you changed lanes abruptly, that you were not wearing your seatbelt, and that you rolled a stop sign. The ticket issued, an unsafe lane change.

Getting a New York State Ticket Amended by the Police is Risky Business

If you just plead guilty, get fined, and pay, then NO problem BUT what if you plead NOT guilty and demand a trial. Then they come to court and they may decide to now AMEND your ticket to tickets. Or perhaps AMEND to a higher level violation as you originally violated the law.

That is why you should always discuss any ticket or moving violation with a defense attorney. They can look over the entire situation and see if it's worth it to contest the ticket. They probably have experience in that court, with that judge, with that prosecutor, and maybe even that police officer.

Acting Respectful Can Go a Long Way After a Traffic Violation Stop

Sometimes having the police on your side can go a long way to also have the DA agree to making a deal. I talk to police at hearings and ask whether a client was cooperative, pleasant, respectful, and if they would be ok with a reduction. Prosecutors often call them up and ask the exact same questions.

Having a client act like a jerk or worse at a traffic stop or after being arrested can also have the opposite effect. The police will tell a prosecutor or judge to come down harder on such a person. To teach them a lesson of sorts.

Lawrence Newman is a partner in Newman and Cyr which focuses on DWI and criminal defense in the Fingerlakes region of New York State. contact larry@ithacacdwi.com