Legal Question in Traffic Law in New York
If i am stopped for traffic violation, pull over to the side of the road and give the officer all my information, then while the officer is in his car i decide to get out of the car to throw out trash in a trashcan just outside my door, is it a "lawful order" to insist i get back in the car or a "lawful order" that i stay in my car?
Asked on 1/15/11, 3:27 am
1 Answer from Attorneys
Joel Salinger
Law Office of Joel R. Salinger
During a traffic stop, instructions as to what the accused is to do is such as remaining in the car is considered a lawful order. Failure to obey that lawful order is a criminal act and additional charges can be added to your situation. Please remember that when you are stopped for a traffic violation, that is considered the equivalent to an arrest.
Answered on 1/20/11, 10:00 am
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