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| Smoking Tires (with associated squealing) |
Does TIRE SQUEAL equal
Probable Cause to Stop your Car
in New York?
If it's a rainy night, your tires can lose traction, and they sometimes squeal. If the police are around, and it's late, you are now a target in their cross hairs. This is even more common with manual car transmission when first starting out. But car tires can squeal for any number of reasons: low tire pressure, worn tire tread, under-inflation, and even misalignment.
In my many years of DWI practice I believe that the infraction of VTL 1162 called Unsafe Start is often used as a "pretext" to make a traffic stop.
The police testified it was a rainy night, one officer didn't have his radar on, and the other didn't have it at all, they visually estimated speeding, they heard the squeal of tires, all the other DWI stuff follows with red bloodshot eyes, odor of alcohol, slurring of speech, and then the arrest.
§ 1162. Starting parked vehicle. No person shall move a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety.
Pretext means a false reason. If the police want to pull you over they sometimes reach, and in their tool box of infractions is VTL 1162. Does a squeal equal an unsafe start?
In New York State Probable Cause is a Reasonable Belief...
The courts have made clear that even though they are not fond of VTL 1162, it will be accepted as a reasonable belief to make a traffic stop.
A recent DWI refusal case out of Albany County has again applied a low standard for probable cause to stop a car. The court had to evaluate a VTL 1162 Unsafe Start as the reason for the initial DWI stop of a car.
In People v. Peffer, CR-01079-15 (Albany County) the court held a suppression hearing to determine whether the police had PC (probable cause) for the stop, PC for the DWI arrest, and whether they could use the accused statements against him.
Police Experience is the Court's Frame and Context to Prove Probable Cause
The court's opinion focused first on the fact that we have two veteran police officers. One with 10 years, and the other with 23 years of experience. If the court wants a reason or reasons to do something this is where it begins.
Police DWI Suppression Testimony Trumps Tickets Given
The police stated that the accused was speeding even though no speeding ticket was ever issued. In fact, the only ticket was for Unsafe Start, that's why it sounds fishy.
They visually estimated the car's speed as being 10mph over the limit. This is interesting because at the administrative DMV license hearing- the police lost. An administrative law judge allowed the police to testify to explain probable cause to make the stop, and they lost there. Their testimony did not meet the PC (probable cause) standard. I do not have their testimony there, but I assume the DMV judge was focusing upon the VTL 1162 ticket because there was NO other moving violation tickets issued by them.
Testimony is Always the Key with a DWI Case
As many people love to look at police paperwork and tickets to make or break a DWI case this is rarely the situation. In court police testimony is evidence, and paperwork is not.
The existence of probable cause, not the issuance, or non-issuance, of a traffic ticket, determines the lawfulness of a stop.
The police testified it was a rainy night, one officer didn't have his radar on, and the other didn't have it at all, they visually estimated speeding, they heard the squeal of tires, all the other DWI stuff follows with red bloodshot eyes, odor of alcohol, slurring of speech, and then the arrest.
After the police testimony, the court allowed the stop, and the arrest for DWI. Probable cause is merely a Reasonable Belief by the police, and nothing more.
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BY NEWMAN & CYR
Educational Purposes only. Copyright 2016.
If you or a loved one are charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes -including the potential loss of your freedom.
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www.watkinsglendwi.com
www.facebook.com/ithacadwi
www.twitter.com/ithacadwi
BY NEWMAN & CYR
Educational Purposes only. Copyright 2016.
If you or a loved one are charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes -including the potential loss of your freedom.
*Attorney advertising
