Types of traffic stops by police officers are common question at my office.  Everyone seems to think that you can be pulled over “when you do something wrong” and that’s true but the Vehicle and Traffic Law goes beyond that and makes rules to protect driver’s.  A general understanding of the law will help you be prepared as you drive the roads of New York State and help you protect your rights.

• THE BAD TRAFFIC STOP

The police may NOT stop a vehicle on a public highway for a routine traffic check.  ONLY when the officer has “reasonable suspicion” to believe that a violation or crime is committed may the vehicle be stopped.  People v Ingle, 36 NY 2d 413.  A police officer’s good faith but erroneous belief that a person committed a traffic infraction (failing to signal when exiting a private driveway) will not support a stop.  Byer v Jackson, 241 AD 2d 943.

• TRAFFIC COURT

In New York Traffic Court either at the Traffic Violation Bureau (TVB) or in the local justice Courts, the Courts must evaluate police conduct and determine whether the action taken was justified in its inception and at every subsequent stage of the encounter.  People v Nicodemus, 247 AD 2d 833.  However, a police officer’s failure to issue a ticket for a traffic infraction that was the basis for the stop does not defeat probable cause.  People v Ferraiolo, 309 AD 2d 981.

• DWI STOP AND ARREST

In a DWI arrest the office first needs a reason to pull you over.  Most police officers will find a violation of the vehicle and traffic law such as speeding, weaving out of lane or as a last resort a police officer may use an equipment violation if they suspect a motorist is driving DWI.  Importantly, weaving or swerving IN a lane is not a traffic infraction and does not constitute reasonable suspicion.  People v Culcross, 184 Misc. 2d 67.  A stop for unsafe lane change requires a driver to signal each time when changing lanes as well as turning.  People v Rice, 44 AD 3d 247.  Lastly, stopping a car and approaching it with guns drawn based upon an anonymous report was improper, where there was no reasonable suspicion.  People v Heapps, 13 AD 3d 107.

• REASONABLE SUSPICION

Reasonable suspicion is the standard the police must use to pull over a motorist.  This is always the first line of attack when defending a traffic ticket or a move serious charge such as DWI, DWAI, DUI or even traffic stops that result in other charges such as drug or gun charges.  Reasonable Suspicion is that amount of knowledge sufficient to justify  a stop.

• NEW YORK STATE TRAFFIC VIOLATION ATTORNEYS

If you have any questions about when can the police pull you over contact one of the attorneys at Riebling, Proto & Sachs, LLP.  We offer a free consultation.  Our attorneys regularly appear in the traffic Courts of New York State including the New York TVB and the local justice Courts.  Our main office is in White Plains, New York but we also have offices in the Putnam and Orange Counties.

Our attorneys work to protect your license and insurance rates.

Good luck on the road.

Television and Movies always portray police officers reading Miranda rights to persons under arrest or suspected of a crime. This is very dramatic but not a good portrayal of when and how the police must read a suspect their Miranda Rights.

The Miranda rights are as follows:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?”

The following case is a good example of the use of Miranda rights, when the are to be used and how they can protect someone under criminal investigation. It is important to note that one should never speak with the police and should contact a criminal defense lawyer immediately.

In People v Baggett, 57 AD3d 1093, the Court erred in denying the defendant’s motion to suppress written statements and an audio recording during which he admitted to committing certain crimes. The prosecution did not meet its initial burden of proving that the statements were voluntary. At the time the defendant made the first incriminating statement, a reasonable, innocent person would not have felt free to leave.

Around midnight, the police pulled over the car the defendant was riding in, even though no traffic violations were committed. The police asked the defendant to come with them to the station, and the driver was allowed to leave. The defendant was transported in a marked police car, but was not handcuffed. He waited in an interview room, and when questioning started the door was closed. The police told him the information they had, including an accusation against him by an associate. After he denied stealing anything, the questioning continued.

The police did not administrator Miranda warnings until the defendant finally admitted that he stole the bicycle.

The pre-Miranda questions were accusatory in nature, and intended to elicit an incriminating response. Although the other statements were made after the Miranda warnings, they were tainted by the prior admission and there was no significant break in the questioning.

The statements were suppressed.

At Riebling, Proto & Sachs, LLP our criminal defense trial attorneys want you to understand your rights and how to protect yourself, in a stressful situation, from police misconduct. Our advice to our clients is that it is never advisable to talk to the police without a criminal defense attorney. The police are looking for an accused to make an admission to a crime since it is easier to obtain a conviction with an admission.

In Westchester, Rockland, Orange, Putnam, Dutchess and Bronx Counties our criminal defense attorneys regularly appear in Court and conduct suppression hearings based upon statements made by an accused. Statements are very strong evidence of guilt and the best criminal defense must attack any statements made.

In certain circumstances the police DO NOT have to read you your rights so it is advisable NOT to make any statements at any time to the police. Immediately call our office for a FREE consultation.