Legal Question in Traffic Law in New York

I was pulled over yesterday for allegedly talking on my cellphone. In reality i was taking a drink my my red bull can. The officer told me he saw me talking on my phone and i said i was taking a drink, he didn't believe me and he said he could review the tape if i wanted. I replied back that i wasn't talking on my phone. He went to his car and wrote the ticket. He came back and continued to tell me that i was talking on my phone. I said that he should check the tape. He said he knows what he saw. So my question is does he legally have to review the tape if i request it. I was not talking on my phone my 2 friends were in the car and i have cellphone records saying i wasn't making a call.


Asked on 11/20/09, 12:45 pm

1 Answer from Attorneys
David Simon Hogan & Rossi

No, he doesn't have to review the tape, or even rely on it at trial. Example: I spent a day at a speeding ticket trial proving the officer had a faulty radar gun and the police officer still proved his case in court by testifying how he was trained to judge speed with his eyes to within 5 mph accuracy. The motorist was found guilty anyway.

However, he has made his bed and now has to sleep in it. He disclosed to you that a tape, in fact, exists. So you should demand he produce the tape before you go to court so you can review it. It could be exculpatory evidence and you have an absolute right to see it and use it at trial if it proves your innocence. If he fails to produce it, move for dismissal.

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Answered on 11/26/09, 3:53 am


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