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  1. #1
    Join Date
    Mar 2010
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    2

    Default Cited by a DEC Officer for Speeding on the Interstate

    My question involves a speeding ticket from the State of: New York

    I was traveling approximately 70 mph in a 65 mph zone on an interestate located in NYS. A Department of Environmental Conservation officer came up behind me so i pulled into the right lane so he could pass, he did so and then i pulled out behind him and began to follow him. After following him for approximately 15 minutes at 80 mph (with 3 cars following me at that speed as well) he pulled into the right lane and i pulled in behind him. he began doing 60 mph in a 65 mph zone so i pulled back into the passing lane and passed him at 70 mph. No sooner did i pass him did he pull into the passing lane in pull me over. He gave me a ticket for 80 mph in a 65 mph zone for when i was following him.

    Two questions:

    Is this a legit ticket considering i was following him when he radared at me at that speed?

    Do the DEC officers have juristiction on Interstates?

    Oh and he did not have lights or sirens on when i was following him.

    Any help would be greatly appreciated. Thanks!

  2. #2
    Join Date
    Sep 2005
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    Default Re: Cited by a DEC Officer for Speeding on the Interstate

    Following a law enforcement officer's vehicle is not a valid excuse for speeding.
    Quote Quoting People v Van Buren, 830 N.E.2d 1130; 797 N.Y.S.2d 802 (2005)
    As relevant here, a police officer is generally authorized to arrest an individual for a petty offense, which includes a traffic violation (see Vehicle and Traffic Law § 155), when: (1) there is "reasonable cause to believe that such person has committed such offense in [the officer's] presence" (CPL 140.10 [1] [a]); (2) "[s]uch offense was committed or believed by [the officer] to have been committed within the geographical area of such officer's employment or within one hundred yards of such geographical area" (CPL 140.10 [2] [a]); and (3) "[s]uch arrest is made in the county which such offense was committed or believed to have been committed or in an adjoining county" (CPL 140.10 [2] [b]).
    The question is not so much whether they have statewide jurisdiciton, but whether they had jurisdiction in relation to a location where you were speeding.

  3. #3
    Join Date
    Mar 2010
    Posts
    2

    Default Re: Cited by a DEC Officer for Speeding on the Interstate

    Thank you very much for your help. I do have a question though, what gives them the right to speed when there is no emergency? When thier lights and sirens are not on? They are above the law?

  4. #4

    Default Re: Cited by a DEC Officer for Speeding on the Interstate

    They are not above the law. There are times when a law enforcement officer must repsond without lights or sirens. It is quite difficult to say whether or not the DEC officer was responding to an incident without asking him. There are many reasons why a Peace Officer would drive above the posted speed. Furthermore, in many states, not sure about NY, a sworn Peace Officer from any department has jurisdiction anywhere in the state.
    Also, you were indeed speeding. Officers can "pace" you in different ways. One of those being by traveling in front of you. More than likely he did not use his Radar to verify your speed, he paced you. Radar does not generally work if the vehicles are traveling in the same direction.

    Good luck fighting a ticket issued by pacing in a court of law.

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