Was A Traffic Stop Lawful?

There are two types of car stops made by New York officers — lawful stops with sufficient cause and unlawful stops that do not fulfill constitutional requirements. To understand whether or not you can challenge your car stop to fight a criminal charge, an attorney at the criminal defense law firm of Michael S. Berardino, formerly Mangialardi & Berardino can help.

Serving clients in the New York City area, including White Plains, Tarrytown, Dobbs Ferry, New Rochelle, Harrison, Rye, Elmsford and New York City, I am a criminal defense attorney who evaluates all of your options to challenge the prosecutors version of the car stop. Contact my law firm to schedule an appointment with a White Plains car stops defense lawyer.

Fighting Unlawful Car Stops

For a New York police officer to pull you over, he or she needs to have reasonable suspicion of illegal activity. Speeding, not using a signal light or swerving may all provide sufficient cause to stop your car. While an officer needs reasonable suspicion for a car stop, probable cause is required for the officer to search the entire car or initiate a search for weapons, drugs or alcohol within the car and on your person.

Violations of Your Search and Seizure Rights

When an officer doesn't follow New York or the U.S. Constitution's cause requirements for a car stop, you may find yourself facing serious charges, including:

  • Weapons offenses
  • Drug crimes
  • DUI/DWI
  • Traffic violations

I take the time to investigate the basis of your stop. I complete an independent research and investigation before you go to court to allow us to prepare a strong defense against your charge, such as requesting the officer's dash video and analyzing all police documents in your case. I want to protect your search and seizure rights to make sure that your rights were not violated during your car stop.

As a former prosecutor turned criminal defense attorney, I know how prosecutors attempt to minimize flaws in car stops. They want the case to move forward even if there were issues with your stop. That's why I play such an important role — I use my knowledge of the prosecutor's office to anticipate their moves and strategy. That enables me to argue more persuasively on your behalf.

Contact a New York City Car Stops Lawyer

If you have been charged with a crime because of an unlawful car stop in the New York City area, contact The Law Firm of Michael S. Berardino, formerly Mangialardi & Berardino, as soon as possible, locally at 212-983-5677 or 914-618-4167, or Toll Free at 877-776-5584. I believe in defending your rights and your freedom.

Learn More:

Collateral Consequences of a Criminal Conviction