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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 114099
Experience:  Attorney with over 24 years of law and traffic law
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Trying to find out if a DEC officer can issue a traffic

Customer Question

Hello, trying to find out if a DEC officer can issue a traffic violation, without actually witnessing the said violation
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Actually, NYS DEC are sworn state law enforcement officials in the state of NY. As sworn law enforcement officers, if they have a reporting witness regarding a violation, they can write the violation. However, if you go to court and plead not guilty, of course the officer cannot testify to a violation they did not see (no different than any other officer) and the actual person who witnessed the violation must show up and testify or the citation would be dismissed.

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