Budgar v. State of New York

In Budgar v. State of New York, 98 Misc 2d 588, 414 N.Y.S.2d 463, claimant had been charged with Disorderly Conduct (Penal Law 240.20) and Failure to Comply (Vehicle and Traffic Law 1102). Claimant was approaching a toll booth when a trooper's vehicle made a U-turn, without warning, in front of claimant's car. Claimant blew his horn and shook his fist at the trooper. The trooper stopped claimant's vehicle to ask why he blew his horn. Claimant became irate and yelled at the trooper for his U-turn. The trooper demanded claimant's license and registration. Claimant refused to provide the documents several times, but eventually relented. At various points, claimant threw his insurance card out of his window and got out of his car to engage in a heated verbal exchange with the trooper. The criminal charges were dismissed for failure to prosecute in a timely manner. The Court of Claims found that the claimant's behavior did not justify an arrest for either Disorderly Conduct (Penal Law 240.20) and Failure to Comply (Vehicle and Traffic Law 1102).