Expert: Jason Grabill - 4/9/2010

Question
QUESTION: I am from NY. Can a traffic officer stop a moving car and give a ticket? I was stopped by a traffic officer and given a ticket because I stopped at interception and caused the traffic. (The only thing the traffic officer forgot to mention that I was letting the old lady with a stroller to pass at the interception, although it was my green light but I could not overrun her.)

My question.
1) Can a traffic officer stop me and do I have to stop?
2) If yes, do I have to provide my drivers license if asked to?
2) Is the fact that he misspelled my last name by missing a letter on a ticket is irrelevant?

Thank you very much for you advice. Thank you a lot
Kind Regards,

Ilya

ANSWER: Ilya:

 Yes.  That is exactly what traffic officers do.  

1:  Yes, and if you don't, it's 'Fleeing and eluding', which means further criminal charges and likely jail.  PLUS your vehicle could be rammed off the road.

2:  Yes, fail to do so will result in immediate arrest.

3:  Not relevant.  

Go to court and explain the situation to the judge.  That is your best option.

Good luck!

Jason

---------- FOLLOW-UP ----------

QUESTION: I guess I did not state myself right. It was a traffic agent - not a police officer. These are the people who are also called parking inspectors who give out tickets usually for expired meters and other parking violations. I am sorry I mislead you. It is just in NY they call themselves traffic officers, although they responsible only for parking, unless the law has changed.

Answer
Ahh, ok.  This one is new to me.  From my research, it appears there are a small number of 'traffic agents' who can, in fact, write citations for blocking the intersection.  I couldn't find anything more specific than this older article:

http://www.nytimes.com/2007/05/26/nyregion/26box.html

Which stated at the time that some agents had that authority, and the mayor was looking to give it to all of them.  It's possible that that happened.

So, in light of that, I'd say that yes, you would still have to give your DL up, sign the cite, etc.  It's likely a legal stop.  BUT, you should still go to court, because that's the best way to have your case heard.  (And the mis-spelling would still be considered a 'minor technical error' and not something that would get the ticket thrown out).

Jason