Speeding in NY State (no Audi content)

[Andrei Talalaevskii <andrei@felix.physics.sunysb.edu>]

Apparently you should not be pulled over in NY State by an unmarked
Police car. This have been rumored for a while but yesterday I ran into
original press release from the Governor's office dated Apr. 16, 1996


Here is the expert from the press release 
(see http://www.state.ny.us/governor/press/april16_2.html for a full
text.)
---------------------------------------------------------------
Governor George E. Pataki today announced that he has signed an
Executive Order that will prevent unmarked state
police cars from stopping motorists for routine traffic violations. 

"The use of unmarked police cars for routine traffic enforcement can
create considerable anxiety in the minds of
motorists, who are uncertain whether individuals seeking to stop their
vehicles are, in fact, police officers," said the
Governor. 

The Governor's Executive Order will affect unmarked cars from the State
Police, the Department of Parks, Recreation
and Historic Preservation, the Department of Environmental Conservation
and the Office of General Services. 

The Governor noted that his Executive Order only applies to routine
traffic violations and not to offenders presenting a
substantial threat to public safety. For example, if a state law
enforcement official in an unmarked car witnesses a car
weaving erratically and suspects the motorist may be intoxicated, he can
pull the car over. 

The Executive Order will take effect May 1, 1996
-----------------------------------------------------------

I think that legally it means that undercover Police cars can only clock
your speed and tell to another unit in a marked car to pull you over. In
such case, you can insist in court that both cops (who ran the radar and
who pulled you over) are present on the hearing if you fight the ticket.
It is less likely that court days of two cops coinside and you have
better chances to win the case.

I've heard that police often disregards this ruling and gives ticket
after pulling over by unmarked car and people don't dare to keep going
when they see a flashing light from under the windshield in the rare
mirror. Don't know whether this is enough reason for a judge to have a
ticket dismissed. I don't have any recent personal experience with
unmarked pullovers.

Andrei