A traffic stop is already a frustrating experience. No one wants to be pulled over by law enforcement, and no one enjoys it when it happens. While traffic violations happen and they can be minor, other traffic stops are more serious. This means that officers suspect that more than speeding or running a stop sign have taken place. If law enforcement officers suspect that another crime has taken place or will take place, this could give rise to a search and seizure and result in the arrest of a much bigger crime or violation.
What is a 440 motion?
Being accused of a crime, even when it is a traffic violation, can cause a person much anxiety. He or she does not want this on their record, and they certainly do not want to live with the consequences that befall upon them. Thus, many defendants seek to avoid penalties through a legal defense. While this is a great way to avoid charges, it is not the only way to clear one's name. It is possible for individuals in New York and elsewhere to vacate a judgment through a specific motion.
Developing a defense against traffic violations
Whether it is the first time it has happened or not, it is never easy to look at your rearview mirror and see blue and red lights flashing in it. While law enforcement officers are just doing their job, it is tough to get pulled over for a traffic stop. Some motorists may not fully understand why they were stopped, and others might be focused on getting out of a ticket they don't feel they deserve. However, the unfortunate reality is that many people in New York are likely to get a ticket for a traffic violation at some point in their lives.
