34 The Queens Courier • may 5, 2016 FOR BREAKING NEWS VISIT www.qns.com Legally Speaking By: Scott Baron, Attorney at Law COPS AND ROBBERS Q: At night, while driving my patrol vehicle eastbound on an eastbound one-way street, I heard that an armed robber was fleeing the neighborhood. So did another officer; call him O. He drove north on a southbound one-way avenue and turned left onto my street, heading westbound – against the legal direction of traffic. I saw him only seconds before impact and was not able to evade him. A: In order to encourage O to take calculated risks in order to save life or property and apprehend miscreants, and realizing the many split-second decisions that are made in the field under highly pressured conditions, Vehicle and Traffic Law § 1104 grants O special driving privileges when involved in an emergency operation. These privileges can include running through lights and signs, exceeding the speed limit and disregarding the legal direction of traffic. However, section 1104 does not entitle O to drive with ‘reckless disregard’. He may not, with conscious indifference to the outcome, intentionally do an act of an unreasonable character in disregard of a known or obvious risk that is so great as to make it highly probable that harm will follow. Was the danger serious and immediate? Did O’s decision to join the pursuit comply with all departmental rules and regulations? Did O slow down as he turned onto your street? Was he driving within the speed limit? Did he brake hard and veer to the side of the street? Was he using the emergency lights and siren? The more the answer is ‘yes’, the more challenging it will be to prove that O behaved with conscious indifference. Advertorial The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice. Copyright © 2015 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 • 718-738-9800 1750 Central Park Avenue, Yonkers, NY 10710 • 914-337-9800 1-866-927-4878 Call Now & End Your Tax Nightmare! • Owe the IRS more than $10,000? • Being Audited? • Unfi led Tax Returns? • Wage & Bank Levies? Co-Author of the best selling book “Breaking the Tax Code” (T) 877-TAX-1040 (F) 718-894-4476 Salvatore P. Candela, EA, ATA, ABA Enrolled Agent - Tax Advisor scandela@thetaxadvocategroup.com www.thetaxadvocategroup.com QNS.com iS the New deStiNatioN for everythiNg QueeNS! BreakiNg NewS free claSSifiedS iNteractive eveNtS caleNdar coNNect with your commuNity oN NeighBorhood PageS
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