Legal Question in Traffic Law in New York

Police Misconduct?

I was traveling on Route 17 in Monticello New York. I was behind a truck doing 40-55 mph. I went into the left lane to pass the truck. Across the highway I see a cop coming in the opposite direction. As I was passing the truck, I noticed the cop in my review mirror. He did not have on any emergency lights. He motioned for me to pull over. I assumed he was trying to pass me so I sped up to about 70 to finish passing the truck and get out of his way. After I got into the right lane, the cop followed me into it put on the red lights and pulled me over. He asked me if I knew why I was being pulled over and I said no. He said actually I wasn't after you I was after the guy in front of you. You just didn't get out of my way fast enough.

I requested a copy of the supporting documentation and in it he makes no mention of the fact that anyone was on my right. This cop actually pushed me to do 70 and then gives me a ticket for it. He states that he clocked me at 70mph. I got the other guys ticket.

Can what he did be considered entrapment? I had a passenger in my car.

I heard that Monticello is a trap off stretch of 17 but I never expected it to happen to me especially when I wasn't speeding.


Asked on 12/07/07, 10:07 pm

2 Answers from Attorneys
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: Police Misconduct?

In a situation like yours you should consult with a local (very local) criminal defense/traffic attorney who routinely handles those cases. They should be familiar with the court and the State Troopers and police departments responsible for patroling that stretch of road, and should be in the position to answer your questions from direct experience. Order a copy of your DMV abstract for the consultation.

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Answered on 12/08/07, 9:28 am
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Police Misconduct?

The VTL (the law that deals with traffic infractions in NY) permits a defense of "emergency" additionally, the police officer gave you a ticket for speeding, not impeding traffic or obstruction of governmental administration(a misdemeanor) which seems to be more what he claims you were doing. As was suggested by Mr. Spector, your best result will probably come from hiring a local lawyer with experience with the court. You may contact me for a referral by following the links below.

Good Luck.

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Answered on 12/08/07, 10:06 am


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