Legal Question in Traffic Law in New York

Summons wrongly given

My son received 4 summons. Three were given in my driveway. The summons say a different location on them. The officers ran my son's license and proceeded to issue 3 summons for things my son did not do. The 4th one was also wrongly given. My son went to pick up his brother and a few friends, all 4 were minors. My son was doing 10 miles an hour because there were cars in front of him. He went to make a turn and he had to stop because of the cars in front of him. The police car was double parked and the 2 officers let the other cars go but they stood in front of my son's car. They opened the doors and told everyone to get out. They asked them who had the weed and proceeded to search all of them and the car.$ of the passengers were minors. I feel that this was an illegal search. I plan on fighting them in court. I understand that you can not search someone unless you are going to arrest them. In my opinion no one touches a minor. My 15 year old feels violated. He was search by a woman officer. She had her hands in his front pockets. Is there anything I can do?


Asked on 8/01/05, 11:43 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Summons wrongly given

This can be fought. First, keep a low profile.

Go into a NY City 'Hearing Center' with your son and ALL of the people in the car. Have them all testify as to what happened.

If the summonses are dismissed, then you have a claim against the police for an illegal stop. Its not big money, but it is good to show kids that the system does give recourse; a remedy.

But you must kill the summonses, all of them, first.

You are welcome to a consultation for no fee.

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Answered on 8/02/05, 5:07 pm


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