New York Criminal Attorney Blog
Most drivers are aware that under certain circumstances, a police officer is authorized to pull over vehicles and conduct a traffic stop. What does the law say, though, about what kind of situation allows the officer to legally initiate a traffic stop? Is a traffic stop only allowed if there is a major traffic violation, or do minor ones allow the stop as well?
New York Case Law
According to New York case law, an officer can initiate a traffic stop when that officer has “probable cause to believe that a driver has committed a traffic violation.” The officer uses the entirety of the circumstances to determine whether the driver has committed a traffic violation. The officer can observe any range of traffic violations, whether major or minor. The legal standard is that the officer must have probable cause, i.e. a reasonable basis, for believing that the driver at issue did in fact commit a traffic violation.
Crossing the Fog Line
In a recent case decided by New York’s highest court, the Court of Appeals, the defendant argued that when an officer pulled him over for swerving, the officer did not have probable cause to believe he committed a traffic violation (and therefore that the officer violated the defendant’s rights). In this case, police officers testified that they saw the defendant cross the fog line in the road three times within a tenth of a mile before they pulled him over under suspicion of driving while intoxicated.
According to the court, this observation contributed to the officers’ reasonable belief that the defendant committed a traffic violation. The defendant had not just touched the fog line or barely swerved his car; instead, he made three significant swerves within a few seconds. Under these circumstances, then, the officers were warranted in initiating the traffic stop. The court denied the defendant’s appeal based on this conclusion.
The Takeaway
In cases like these, it is important to hire an aggressive New York criminal defense attorney that knows the law around traffic stops and can provide sound legal advice. Because courts are prone to show police officers leniency when they testify that they had probable cause to believe a traffic violation occurred, who you choose to represent you is crucial. By retaining an experienced attorney, you can give yourself the best possible chance of successfully fighting your criminal charges.
Are You Looking for a New York Criminal Defense Attorney?
At Tilem & Associates, we understand that when your freedom is on the line, you need personalized legal solutions and aggressive criminal defense representation. If you are looking for a New York criminal defense attorney that can litigate your case using experience and a winning strategy, give our firm a call today. We can walk you through the intricacies of your case and help you decide how best to proceed.
For a free and confidential consultation with a New York criminal defense attorney at Tilem & Associates, you can reach us at 877-377-8666. You can also fill out our online form to tell us about your case and have a member of our team reach back out as soon as possible regarding next steps.