QUESTION
What can we do if we feel that we are illegally stopped by a police officer?
Asked on Nov 18th, 2012 on Criminal Law - New York
More details to this question:
My husband sideswiped the front bumper of our car while leaving our sons school after he dropped him off. He got out to make sure there was no damage to the schools fence and was stopped by a police officer who requested license and registration. My husband gave him a pba card plus license, insurance card, but he could not find his registration card. The police officer started yelling, threw the pba card back into the car and continued to yell that he does not like people like my husband whatever that means. He did not introduce himself and told my husband he will get a ticket for not having the registration. He was rude!!! I also think he had no right to stop my husband....for what.? There was no traffic violation and he was not speeding.... What should we do now?
6 ANSWERS
John J. Carney
The officer had every right to request to see his license, registration, and insurance card. He should have been more professional, but perhaps your husband made him angry with his attitude or questions. Either way, the charge will be dismissed if you bring the registration to court. The documents should be kept in the glove compartment and your license should be in your wallet.
Answered on Nov 26th, 2012 at 7:46 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If the officer saw the accident or the aftermath of the accident, he had a right to stop your husband. If your husband was cited for no registration, he should hire an attorney to represent him in court.
Answered on Nov 22nd, 2012 at 2:49 PM
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Sorry, but a police officer can stop you if he sees you hit something with your car. As for the registration ticket, if you can show that your car was registered at the time of the accident, the ticket will probably be dropped, even though you didn't have the proof in your car. At a minimum, the fine will be reduced.
Answered on Nov 21st, 2012 at 8:00 AM
Michael J. Breczinski
Well in a property damage accident you are supposed to stop and call the police. Get a lawyer.
Answered on Nov 21st, 2012 at 7:24 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Get an attorney. The stop was not illegal.
Answered on Nov 21st, 2012 at 6:36 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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1) It was a legal stop 2) There was an accident with damage the cop had the right to ask for info 3) You weren't there so you are only taking your husband's word for it 4) People should not expect special privileges for having a "PBA" card or whatever 5) That the cop was rude is irrelevant to the charge 6) It was a legitimate charge 7) You should not have to take police abuse they are mere public servants so tell your husband to make a civilian complaint to the police department.
Answered on Nov 21st, 2012 at 6:03 AM