New York Criminal Attorney Blog
If you drive on the roads of New York, you are automatically susceptible to police-initiated traffic stops for traffic violations. There is much debate, however, about what circumstances can lead an officer to have “reasonable suspicion” to stop a driver for a traffic stop. Without reasonable suspicion that some law has been violated, police officers are supposedly prohibited from initiating these stops. Can a minor violation in traffic laws give an officer reasonable suspicion under New York law?
Opinion Issued by New York Court
A New York court recently issued an opinion confirming that yes, minor violations in traffic laws can be legal grounds for a traffic stop. In the court’s opinion, it considered a defendant’s argument that his broken headlights and tinted windows were not enough to give an officer reasonable suspicion to stop him while he was driving. Therefore, argued the defendant, any evidence that the officer found in his car during the traffic stop should have been suppressed by the trial court judge in his criminal case. The two infractions cited by the police for the stop were 0 point traffic infractions.
The court concluded that broken headlights and tinted windows were sufficient grounds for a traffic stop. According to New York traffic law, all motor vehicles must display at least two lighted head lamps on the front. In addition, no motor vehicle is allowed to be covered with material with “light transmittance of less than seventy percent.” The officer’s view of the defendant’s car gave him reasonable suspicion to initiate the stop, given the defendant’s broken headlights and tinted windows. The court was unpersuaded by the defendant’s argument that the officer did not actually have a valid reason to stop him while he was driving.
Takeaways
It is therefore important to keep in mind that any traffic violation, whether major or minor, can lead to a traffic stop in the state of New York. These stops can sometimes then turn into searches or seizures, depending on if the officer that initiates the stop has probable cause to believe criminal activity is afoot. To avoid these interactions, do your best to make sure you are in compliance with all of New York’s traffic laws whenever you are on the road.
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At Tilem & Associates, we offer personalized representation and aggressive solutions for our client community. If you are looking for a relentless New York criminal defense attorney to represent you in your case against the State, look no further. Our team is experienced, trusted, and well qualified to fight for your rights and to push for your charges to be dropped. When you are facing criminal charges and don’t know where to turn, know that you can turn to us.
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