Legal Question in Traffic Law in New York

Speeding/Harrasment

I was pulled over for speeding. When the officer approaches the vehicle he asks me if I am hiding anything or if I have been drinking. I inform him I have NOT been drinking and there is nothing to hide. He then tells me to get out of the vehicle. I get out of the car he brings me over to the patrol car and frisks me. Then handcuffs me, searches the vehicle without my permission. Of course he finds nothing; he then asks me WHY I have an EZ-Pass on my windshield. About 50 questions related to that, were my parents live, if I OWN the car. Were I work and whom my supervisor is.

He never tells me I was being pulled over for speeding UNTIL I am handcuffed leaning against his car. He goes back to his patrol car for a while, and then another officer comes. That officer asks me pretty much the same questions. They both ask me if I have been drinking, I say NO again. I said I will take a breathalyzer and or blood test to prove if they would like. After about twenty minutes of the same runaround he takes the cuffs off. Hands me a speeding ticket and, just walks back to the car.

Any legal advice on what I should do? Thanks


Asked on 6/25/03, 5:01 pm

1 Answer from Attorneys
Robert Evans Robert S. Evans esq.

Re: Speeding/Harrasment

As a former Traffic Court Judge I find the officers conduct excessive and perhaps unprofessional. That being said a speeding violation creates probable cause which allows an officer to frisk and interrogate.You should however retain an attorney to help defend the speeding case. You may if you choose contact my office @718-834-0087 to set up a consultation.

Read more
Answered on 6/26/03, 12:06 pm


Related Questions & Answers

More Traffic Law questions and answers in New York