Police Misconduct Legal Rights

Summary

The user was pulled over for ashing a cigarette out of his car window in New York. The officer asked him to step out of the vehicle, and when he refused, the officer tasered him. The user was charged with littering, resisting arrest, disorderly conduct, possession of marijuana, possession of marijuana paraphernalia, alcohol consumption, and controlled substance in the 7th degree. The user has hired a lawyer and has attempted to file a complaint against the officer. The user was advised on the process of filing complaints in New York, the importance of gathering evidence, and potential penalties for the charges.

Full Conversation

I was pulled over for ashing a cigarette put of my window. I pulled into a parking lot. Officer came to my passenger window. It does NOT work. I told him two
What happened after you told the officer that your passenger window doesn't work?
He then asked to open the door. I said my window works fine and your other officer is standing right here. Here is my information. The officer then tell me to get out of the car.
What state did this incident occur in? Knowing the location will help me provide accurate information about your rights during a traffic stop.
New york
What happened after you got out of the car?

In New York, officers can ask you to step out of the vehicle during a traffic stop for their safety.
No reason to feel unsafe when his other officer was already at my door with the window down. I did not get out. The officer came to my door and proceeded to open it... as he was tuggingv me out of my car. While i was still buckled up. He proceeded to taser me
Did you receive any injuries from the taser and have you reported this incident to a higher authority? In New York, excessive force by an officer can be reported and potentially lead to a lawsuit.
I tried to file a complaint over the phone because im too affraid to drive into that town again. So i called the mayor to file a complaint
What was the response from the mayor's office when you tried to file the complaint?
He was nice and listened. But i didnt get any feeling he filed a complaint on my behalf
Did you receive any written or verbal confirmation that your complaint was filed? In New York, you can also file a complaint with the Civilian Complaint Review Board.
No
Did you manage to capture any evidence of the incident, like a video recording or photographs? In New York, evidence can be crucial in cases of police misconduct.
I called twice
Who did you call and what was their response?
I was working for instacart and had my navigation on. I didnt and dont usualyl have my phone ready to record cops... i never have a problem anywhere else but this town.
Did you have any witnesses or anyone who could corroborate your story?
There were cameras at thw gas station parking lot
Have you contacted the gas station to see if they have footage of the incident? In New York, video evidence can be crucial in cases of police misconduct.
They said id have to have my lawyer call there legal department
What is the name and location of the gas station? This could be helpful in obtaining the video footage through your lawyer.
Kwikfil gastion route * owego ny
What is the name of the police department or the officer involved in this incident?
Owego police
What was the reason given by the officer for asking you to step out of the vehicle?
Officer demouth
What was the reason Officer Demouth gave for asking you to step out of the vehicle?
No reason.
What charges, if any, were you given after this incident?
Littering. Resisting arrset disorderly conduct, possession of marijuana possession of marijuana paraphernalia, alcohol consumption, controled substance in the 7th
What is the current status of your case? Have you hired a lawyer?
Yes
What is the name and contact information of your lawyer?
Paul batiste
What is the contact information of your lawyer, Paul Batiste?
*
What is the next court date and location for your case?
Active
What is the date and location of your next court hearing?
September 19th 10am
What is the location of the court where your hearing will take place?
Owego town court
What is the exact address of the Owego Town Court where your hearing will take place?
* Temple St, Owego, NY *
* Temple St, Owego, NY *
What is the name of the judge presiding over your case?
I dont know
That's okay. It's important to know your judge's name for your records. You can find this information on your court documents or by contacting the court directly.
Patrick hogan
What is the contact information of the Owego Town Court where your hearing will take place?
(*) *-*
What is the name of the officer who tasered you? In New York, you have the right to know the name of the officer involved in your case.
Officer demouth
What was the outcome when you tried to file a complaint over the phone?

In New York, you can file a complaint against a police officer through the Civilian Complaint Review Board. You can also consult with a lawyer for legal advice.
No answer. Nothing in the mail
Did you follow up with the Civilian Complaint Review Board after not receiving a response from your initial complaint?
Never heard of that
The Civilian Complaint Review Board (CCRB) is an independent agency where you can file complaints about misconduct by New York City police officers. Would you like their contact information?
Yes
The Civilian Complaint Review Board can be reached at (*) *-* or you can visit their office at * Church Street, 10th Floor, New York, NY *.
Ok
What is the current status of your case with the Owego Town Court?

General Information:
- Owego Town Court, * Temple St, Owego, NY *, Contact: (*) *-*
- Civilian Complaint Review Board, Contact: (*) *-*, Address: * Church Street, 10th Floor, New York, NY *.
Open
What is the nature of the charges against you in the Owego Town Court?
* tickets
What are the specific charges mentioned in these * tickets?
Possession of marijuana. Possession of marijuana paraphernalia, controlled substance in the 7th, disorderly conduct, resisting arrest, alchole consumption,
What is the penalty for these charges in New York?

General Information:
- Possession of marijuana: Up to $* fine.
- Possession of marijuana paraphernalia: Up to $* fine.
- Controlled substance 7th degree: Up to 1 year in jail.
- Disorderly conduct: Up to 15 days in jail.
- Resisting arrest: Up to 1 year in jail.
- Alcohol consumption: Depends on specific circumstances.
Oh and littering
- Littering: Up to $* fine for first conviction in New York.
I shouldn't have been pulled over in the fist place
What was the initial reason given by the officer for pulling you over?
Ashing my cigarette out the window
In New York, ashing a cigarette out of the window can be considered littering, which is a violation of Vehicle and Traffic Law Section *.
But who gets lulled over for that??
In New York, police can pull you over for any violation of the Vehicle and Traffic Law, including littering from a vehicle.
Its dust
Even if it's dust, under New York law, disposing any litter out of a vehicle is considered a violation. It's always best to avoid such actions to prevent any legal issues.
And a judge is ok with that?
In New York, judges are bound to uphold the law. If the law states that littering from a vehicle is a violation, then yes, a judge would be okay with that.
But what is the officer was upset due to a prior meeting and took his emotions out on me and used any reason to abuse my rights
Did you notice any signs of the officer being upset or acting out of the ordinary before the incident occurred?
Yes. He went to my passenger door for no reason. He escalated this.. if he came to my window. And asked for my information i would have only gotten a ticket for littering. Which would have been fine
Did you file a complaint against the officer for his behavior during the incident?
I tried
What was the response when you tried to file a complaint against the officer?
Thisbisnt helping
What specific help are you seeking from us at this point?
Officer acted outside the color of the law because his feeling were hurt and found any reason to violate my rights.
What specific actions did the officer take that you believe violated your rights?
Making me feel unsafe during a traffic stop
What specific actions did the officer take that made you feel unsafe during the traffic stop?
Went to my passenger window meanwhile the other officer was at my window.
What happened after the officer went to your passenger window?
The window doesnt work
What happened after you informed the officer that the passenger window doesn't work?
He asked me to open my door
What happened after you refused to open the door?
He asked me to get out of the car
What happened after the officer asked you to get out of the car?
I refused.. no reason to ask me that. We were in safe place
What happened after you refused to get out of the car?
He came and opend my door and tried to pull me out while i was buckeled up and then tased me
Did you seek medical attention after being tased? It's important to document any injuries in cases of excessive force. In New York, you can file a complaint against police misconduct through the Civilian Complaint Review Board.
Didnt need medical attention only scraped my knee
Did you take any photos of your injuries or the scene of the incident?