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VTL § 1102 New York Fail to Obey a Police Officer Defense Lawyer

Have you been charged with VTL § 1102, failing to obey a police officer in New York? Our New York failure to obey a police officer traffic court lawyers and attorneys can represent you if you have been charged with failure to obey a police officer. Our failure to obey a police officer lawyers can represent you anywhere in New York State. We have extensive experience in defending failure to obey a police officer tickets, NY VTL § 1102. If cited for failure to obey a police officer call our firm and speak to a NY lawyer for a free consultation to find out how we can help.

New York VTL § 1102 prohibits failure or refusal to comply with the lawful order of a flag person, police officer, or person authorized to regulate traffic, such as a crossing guard. The statute is applicable whether or not the failure was intentional, however the state has the burden to prove it was done knowingly.

Often VTL § 1102 is charged with other infractions such as failure to change lanes or failure to yield to an emergency vehicle.

NY VTL § 1102. Elements of the failure to obey a police officer statute

Under the law, elements are that the motorist:

(1) Failed or refused to comply
(2) With a lawful order
(3) Of a police officer, flag person, or other legally entitled to control traffic

Upon these conditions precedent being met, the statute creates an affirmative duty to obey the directive of the person directing traffic.

Defenses to NY VTL § 1102 failure to obey

First, the order must be a legal order. Second, if not a police officer the person must be legally entitled to direct traffic.

Our defense of you against your failure to obey, VTL § 1102 charge

There are many avenues of attack that our NY failure to obey a traffic officer defense lawyers can take when defending you against the charge of failing to obey a directive. If the person was not a police officer we can prepare a defense which calls into question the propriety of the flag person. Whether or not a police officer we can craft a defense which calls into question the legality of the order. Even when those defenses are not available to you, we still defend by putting the state to its proofs to prove each and every element. When the charge is in addition to other infractions issued we often defend on constitutional double jeopardy grounds.

 

 

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