Legal Question in Traffic Law in New York

I was recently cited by a New York State Trooper for not wearing a seat belt while driving, even though I WAS actually wearing it. This is the 2nd time that it has occurred. This is because my SUV driver's seat is constructed in a way that the view of the seat belt, when worn, is obstructed by the center frame of the car, and emanates from the shoulder top of the seat. Further exacerbating the problem is because I am a large man, the seat belt gets buried in my chest. In other words, the seat belt gets "hidden". In both instances, the officers refused to believe in my explanation.

Of course, should I get stopped in the future by a police officer for any traffic violation, I would like to have a video and audio recording of the incident as evidence. As a result, I wish to put in place a device which will record the inside cabin of my SUV.

Although I've attempted to ascertain the legality involved with recording my interaction with the police in a personal traffic stop, there is no definitive and succinct answer to the following questions:

May I legally record (in both visual and audio formats) my entire encounter with a New York police officer during a routine traffic stop and do I have to inform the officer that he is being recorded? Are there any legal landmines I need to be aware of should I choose to use any recordings as evidence for my defense in a court proceeding?


Asked on 8/28/16, 8:45 pm

1 Answer from Attorneys
Robert Evans Robert S. Evans esq.

Great question. Many problems originating between the public & the police emanate as a result of traffic stops. You raise some important issues. The police now around the country are beginning to use camera & recording devises when making traffic stops. In those circumstances they control when the devises are turned on & off. If a motorist has such recording devise the motorist has control.You can legally use said devise to record & it is my suggestion that you inform the officer that they are being recorded. The honest police officers will not object to the process. Good luck.You may contact my office @ 718-834-0087 if you have more questions.

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Answered on 8/29/16, 9:16 am


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