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  1. #1
    Join Date
    Dec 2007
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    2

    Default Was Speed For a Ticket Obtained Illegally, in New York

    I would like to know if how the officer obtained my speed via radar was legal. This happened in Orange County, NY.

    The officer was parked in a position, in the dark, at night blocking an intersection horizontally.

    Isn't it a requirement for law enforcement vehicles to have at least running lights on while parked in the middle of an intersection? Are they allowed to block an intersection for the means of a speed trap?

    And if those coming from the opposite direction fail to see the officer they might have cut the turn too close and clip the cruiser.

    So I ask, was this charge illegally obtained?

    Thanks,
    Ben

  2. #2
    Join Date
    Sep 2005
    Location
    California
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    20,594

    Default Re: Speeding New York - Obtained Illegally?

    Quote Quoting bendrover
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    The officer was parked in a position, in the dark, at night blocking an intersection horizontally.
    Kinda dangerous if he was blacked out in a traffic lane.

    Isn't it a requirement for law enforcement vehicles to have at least running lights on while parked in the middle of an intersection? Are they allowed to block an intersection for the means of a speed trap?
    There s no such requirement I can find for the state of NY that requires running lights.

    And if those coming from the opposite direction fail to see the officer they might have cut the turn too close and clip the cruiser.
    The officer might be at least partially responsible for any collision involving his blacked out vehicle obstructing all or part of the roadway.


    - Carl

  3. #3
    Join Date
    Dec 2007
    Posts
    2

    Default Re: Was Speed For a Ticket Obtained Illegally, in New York

    Thanks. What's the reference or rulebook that NY police would have to adhere to? If so, wouldn't it reference certain circumstance as to what, why, and how an officer would be allowed to block such an intersection?
    Thank you once more,
    Ben

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Was Speed For a Ticket Obtained Illegally, in New York

    Quote Quoting bendrover
    View Post
    Thanks. What's the reference or rulebook that NY police would have to adhere to? If so, wouldn't it reference certain circumstance as to what, why, and how an officer would be allowed to block such an intersection?
    Thank you once more,
    Ben
    Well, there is the agency policy manual - if it addresses this sort of thing (no agency I have been affiliated with has a policy that addresses this in a policy manual, but your local agency might).

    You would have to check NY state laws for any requirements in this regard pursuant to law. There are too many tomes that it coul dbe in, so I am afraid I do not know.

    A traffic attorney in NY should know this, however.

    Likely there is no such requirement for lights.

    - Carl

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