Q: Are undercover police allowed to perform traffic stops in NYC?
I was stopped by an undercover after getting off the exit from an expressway. I was told I was speeding. Then he proceeded to give tickets for tinted windows, cellphone, and a speeding ticket. Can I fight this and have all the tickets thrown out?
A: You can fight the tickets in the Manhattan Traffic Violations Court, but your argument about the status of the officer will fall flat. You could contest whether you were using the cellphone by obtaining prone records from your carrier, and question the accuracy of radar (if that is what was used--laser is more difficult to contest). As to tinted windows, that is a set equation--if your windows are darker than is permissible under the statute, you will not prevail on that issue.
Peter J. Weinman agrees with this answer
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