Legal Advice? NYS troopers

[afterburn 549]

I have been pulled over here 4 times in the last 4 months, Once in the P car, all others in the pick up...No tickets..just harassment
These dudes are known to stalk the bars and pull you over after you leave (small town - 3 bars) (Bar stalkers)
So the other night left my flavorit bar/restaurant...sure enough he pulled me over again.......
Fabricated a story I went across the yellow line..........B.S.
He asked where I was coming from and where I was going
I told him I was dam tired of their Nazi Heavy handed operation and none of HIS F%^& business and was not going to play anymore !
He pulled the ultimated got pissed at me and asked if I had been drinking (LOL)
I told him 1 beer (true)
He made me do the road side cheer lead dance ..
In there some where I told him "any professional" could tell if I had been drinking or not and he was "WAY over the TOP"
I told him just skip all this and run me dwn to the station for the blow test as I was bored with his B.S.
He finally said blow in his test tube road side deal..........later I found out it said ( supposedly .10 ) BUT wait! read on !
He cuffs me, takes me to the station says i flunk the sobriety test ( 1 beer ) over 1.5 hours a ago.........
He says I am not leaving with out at least a DUI ticket....!!!
I said Really?
So he has me blow in the calibrated thing
I BLOW a >>>> 0.0 !!! which is what I thought I should get

So now he apologizes.
Takes the cuffs off and drops the over the yellow line **** cause i asked him how in the hell could anyone see the yellow lines all covered with snow sand and ice?
He writes a ticket for 10 MPH over in a 45 zone.......an other lie
Do I have any recourse with these Nazis?
SO, it comes dwn to this..............He either fabricated the whole deal, or is not knowing how to do a road side sobriety test.
Well I am sure I know the answer........just harassment..!
Good story anyway

[flatbutt]

IMO you're only recourse is to drop the righteous indignation and talk to the officer calmly. You may well have just marked yourself for further attention. If I were you I'd make sure my vehicle is in spec and my breath is clean. You ARE going to be stopped again.

I'd play the next stop very cool. Ask the LEO why you've been stopped and be polite. Even if LEO is wrong it's his game. It ain't right it just is.

I've dealt with NYS / ADK stateys. They're highly professional but they DON'T play.

[Rick Lee]

He didn't make you do the field sobriety tests. He can't. You agreed to do it, which is always a mistake. Your best option here is to refuse all questions and ask if you're being detained or are free to go. Never ever play their games. You won't win. You have to comply with a breathalyzer request if you value your license, but you can tell him to pound sand when it comes to the roadside sobriety tests.

[afterburn 549]

OK..good info on the sobriety
...and NO i am not cowing dwn to the BAZSTARDs anymore..I have been very polite to this point....I am playing their game
(I have been stopperd over 20 times in the last 5 years here)
No tickests all clean
Just harassment...12 NYS troopers here and 1200 people......wrong ratio. They are SO bored
WHAT has this country and mind set and Mentality come to when we COWER to the law? (when it is wrong?)
This is NAZZISM
nothing to do with me breaking the law

[Rot 911]

Rick Lee is correct.

[hcariss]

NYS is bankrupt, they will do just about anything for money.

[MotoSook]

Next time ask for the CO on duty if the harrasement continues after you refuse road side sobriety test.

[widgeon13]

I would make an appearance on the ticket charge and see what the judge says but at least explain w/o complaining exactly what happened and that you have been stopped XX times for no cause. There is no legal position, the troopers can do pretty much anything they want and unfortunately if you don't play the game they will make life miserable for you, especially in a very small town.

I'm just down the road from you and know what you mean. I watch out for the troopers all the time. At least I know the local LEO's and DEC as well, always try to stay on their good side.

[red-beard]

Do not F with police. Don't get mad. Rick is completely correct. Keep it professional. And F-B is correct as well, you are probably going to be targeted now.

Was this guy out of the large trooper station, or was he out of one of the tiny "house" units spread around the mountains?

[widgeon13]

Do you have out of state plates on your vehicles? They love out of staters.

[willtel]

One of your best options may be to videotape your driving and the stop, if you have video showing that you did nothing wrong you can then prove that your rights have been violated as they had no probable cause to stop you. I looked into this recently because I was tired of getting stopped at road blocks in my neighborhood, there are reasonably priced systems out there that can be mounted in the car or you could even use a device like the new iPod nano.

Race Optics Sports Camera Technology Helmet, in-car camera systems

If you feel you are being harassed by these officers you should also be filing formal complaints as soon as the situation is over. DO NOT bow down to these guys.

[MotoSook]

the troopers can do pretty much anything they want and unfortunately if you don't play the game they will make life miserable for you

This is a terrible state of affairs if true and one submits to this. We do not live in a third world country.

I always try to maintain my cool with LEO, and provide them the courtesy they deserve for the job they do. However I will never allow myself to be harrassed by some hot head with a badge and a chip on his shoulder.

[afterburn 549]

I have local plates......
and they all know where I live.....just desperate AHOLES
well as far as "legal advise" seems like he "arrested" me with no real reason...just because he could.
If I know correctly ...the sobriety test is used to determine your level of body alcohol level...and only one or two of those test is admissible in Cort.................so someone is unable to correctly administer said test ..or just wanted to give me hell ?

[Dueller]

I'd be curious to know the circumstances of the other three stops: late at night? leaving bar/restaurant? accused of speeding? careless driving? registration/tag violations?

What you are dealing with is a classic 4th amendment question...i.e., right to be secure against unreasonable search/seizure. While the Constitution talks in terms of your home/person and your car is generally seen to be an extension of your home, there is a lowered expectation of privacy when operating a motor vehicle on the public highways. In any event, the officer has to have probable cause to stop or atleast reasonable suspicion a crime is being committed (such as a traffic violation). A brief investigatory stop that is limited in scope/duration/intrusion will likely be allowed under judicial scrutiny. Though terms of art, LEO's will usually convince a judge he had probable cause/reasonable suspicion.

[The Gaijin]

We have a place up state NY. I think I know what you are talking about. If you are driving at night - you will be swooped down on - and they will tailgate closely to get your plate and run it.. And follow you for a few miles and see if they can rattle you. Not to mention the speed traps and the road-blocks / check points. Literally 500 times the driver and law enforcement contact in rural New York compared to the city.

What I have heard was that the local governments were tired of paying for local police and they demanded of the politicians that the State Police be pulled of the Thruway and interstates and do more local highway enforcement. Years ago the local trooper barracks had M-F banker's hours and the answering machine referred you to another barracks 45 miles away at night and weekends.

So yes, they are fishing and are bored. But always professional in my experience.

But DWI remains a problem in these areas and at night everyone is fair game. I stay with friends or very close to home..

(As a side note - some small communities in these regions are developing some nasty Main St. bars and sub-cultures as the those with no driver's licenses move to town. More unintended consequences..)

[berettafan]

i expect to get pulled over if i'm driving at bar closing hours. got picked on a bit when i worked late hours as a teenager but once the cops figured out i wasn't a drinker they quit wasting their time on me.

having said that, FTP.

[widgeon13]

Originally Posted by Soukus

This is a terrible state of affairs if true and one submits to this. We do not live in a third world country.

I always try to maintain my cool with LEO, and provide them the courtesy they deserve for the job they do. However I will never allow myself to be harrassed by some hot head with a badge and a chip on his shoulder.

I know from experience as I had a run in w/ two arse holes a few years ago on a supposed snowmobile sound violation. They wanted to get me for loud pipes (NYS trooper (female/*****) and DEC officer). They had set up a stop on the trail and the DEC shlthead said my machine was too loud and had aftermarket pipes. He had no sound testing equipment. He was letting all his arse hole friends pass by as they were ticketing me. I gave some shlt to both of them and they threatened to throw me in jail. I shut up and got the ticket. He knew who I was but was making himself a big boy with the trooper/*****. I ended up writing the asst DA and could prove the pipes were stock, got the ticket charges dropped but it still pisses me off to this day that I was targeted.

DEC guy was a real dickhead, he'd watch ice fishermen on the lake and if they took a piss on the lake he'd get them for exposing themselves, if they went to shore to get in the woods he'd get them for unattended tip-ups. What a ******* jerk.

His house burned to the ground a short time before he finally left town after retiring. I wasn't around that day. I would have gone over and cooked marshmallows!

[afterburn 549]

I guess I am a rebel............I don't want to "have" to expect to get pulled over. Just cause it is night time, their time or what ever . That's SO wrong!
I don't give a flyin fuke if the state is broke. If it is,, it is just cause of their own corruption and mismanagement skills, not mine
I want to take these Bastards on...in a way I can win.
I am not the only person in this twn that they try to herd around....as some say most just "lay dwn" and take it
I am from America land of the use to be free..Mad as HELL and I am not going to take this abuse of pwr any more.
IF i am in the wrong, pull me over...Write me the ticket, i will try to understand the higher class well fare State of mind,but don't flaunt the gun and badge at me...for made up reasons.
I am not impressed .
pises me off.
It should piss off any one.!
I have known real men, been in the military, knew some of their heroes ...these little men with big guns mean nothing....just a walking talking state REVENER...nothing more.
They need to go be REAL police some where....where the "action " is....it is certainly not from behind a radar gun !

[red-beard]

Originally Posted by afterburn 549

I guess I am a rebel............I don't want to "have" to expect to get pulled over. Just cause it is night time, their time or what ever . That's SO wrong!
I don't give a flyin fuke if the state is broke. If it is,, it is just cause of their own corruption and mismanagement skills, not mine
I want to take these Bastards on...in a way I can win.
I am not the only person in this twn that they try to herd around....as some say most just "lay dwn" and take it
I am from America land of the use to be free..Mad as HELL and I am not going to take this abuse of pwr any more.
IF i am in the wrong, pull me over...Write me the ticket, i will try to understand the higher class well fare State of mind,but don't flaunt the gun and badge at me...for made up reasons.
I am not impressed .
pises me off.
It should piss off any one.!
I have known real men, been in the military, knew some of their heroes ...these little men with big guns mean nothing....just a walking talking state REVENER...nothing more.
They need to go be REAL police some where....where the "action " is....it is certainly not from behind a radar gun !

You live in New York State. What do you expect? Vote with your feet.

[Dueller]

Call the ACLU