TICKET ISSUED BY NYC DEP
Written By: Benjamin Goldman, Esq.
The main source of water in New York City are watersheds in upstate New York. New York City Department of Environmental Protection (NYCDEP) is tasked with protecting New York City’s water supply. The New York State Legislature authorized the creation of the NYCDEF Police that is assigned “to protect the sources, works, and transmission of water supplied to the city of New York, and to protect persons on or in the vicinity of such water sources.” This anomalous arrangement of NYC Police protecting areas in upstate New York created some questions of law regarding the exact jurisdiction of these police officers.
In a 2005 New York State Court of Appeals case People v. Van Buren the highest court in New York ruled that NYCDEP officers are authorized to issue traffic tickets in the vicinity of watersheds they are protecting. The basic reasoning was that driving dangerously can create a hazardous situation that will put the health of the water supply at risk, which is what NYCDEP are supposed to protect.
In Delaware County, in the Catskills Region, there are a number of watersheds. Up until today the area is patrolled by NYC DEP that will make a traffic stop from time to time. There are a number of different legal issues that can come up with a ticket issued by a DEP officer. If you received such a ticket feel free to contact the Benjamin Goldman Law Office. Our attorneys have defended DEP traffic tickets and will be glad to provide a free consultation to review your ticket.