Can officer be charged with filing false statement?
Asked on Jun 05th, 2012 on Criminal Law - New York
More details to this question:
I was driving home, and a police car was several blocks behind me. No traffic stop was executed. I turned left onto my street and left into my driveway, which is two houses from the corner. I turned the vehicle off, exited the vehicle, and was entering my home when the police car pulled into my driveway. They proceeded to check my license and registration, and subsequently issued me an information for driving over the sidewalk (NYS Vehicle and Traffic Law Section 1225-a. I was unaware they were following me, and there was no indication that a traffic stop was attempting to be executed. First, is this a valid traffic stop? Second, the sidewalk I was alleged to have driven over was the portion that crosses my driveway, and was not observable by the officers. Can the officers be prosecuted for filing a false statement? Initially, they claimed they were following me due to my license plate light not working. I recorded the entire interaction on my cell phone. I turned my car back on as well as the lights, and saw that my license plate light was functioning properly. That is when they changed their story to claim I had driven over the sidewalk. It is a minor ticket, and based on my reading of the law should be easily dismissable, however it is a matter of principal to me that these officers should be held to account for their untruthful statements. The officer signed the information claiming that they witnessed this violation. There is a camera in the police car. I called the patrol supervisor, however they refused to take my grievance or review the patrol car video, which would clearly show they didn't see me enter my driveway. What are your thoughts?
Retain counsel because an attorney will know how to obtain discovery, demand the video under FOIL, and a whole bunch of other stuff to defend this ticket.
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