WHAT THE WORDS MEAN

Also called aggravated DWI, DWI

Driving with .18 or more by weight of alcohol in the blood, or while intoxicated with a child of fifteen or younger in the vehicle.

Also called AUO, driving while suspended

Driving while knowing, or having reason to know, the license is suspended or revoked. In the third degree, a misdemeanor with a fine of $200 to $500, up to thirty days, or both.

Also called desk appearance ticket, DAT

A written notice directing a person to appear in a named local criminal court at a set future time, issued instead of taking the person to court after an arrest for many lower offenses.

Also called data breach, breach notice

What a business discloses to affected New York residents in the most expedient time possible and without unreasonable delay, and within thirty days after discovery. Whenever residents are notified, the state attorney general, the department of state and the division of state police are told too.

Also called marijuana, weed

Lawful at twenty-one or older to possess, display, buy or carry up to three ounces, and up to twenty-four grams of concentrated cannabis.

Also called implied consent, refusal

Refusing a chemical test after being told the license will be suspended at once and later revoked, whether or not the driver is found guilty. A license revoked for refusal is not restored for at least one year.

Also called misdemeanor

The higher misdemeanor class, carrying up to 364 days in jail and a fine of up to $1,000.

Also called quitting for good cause

A reason for leaving a job that does not disqualify from unemployment benefits, such as verified domestic violence, caring for a family member's illness, or following a spouse who moved too far to commute.

Also called vandalism, property damage

Intentionally damaging another person's property with no right to do it, or recklessly damaging it by more than $250. In the fourth degree, a class A misdemeanor.

Also called trespass, trespassing

Trespass raised to a crime by the place: fenced or enclosed property, a school against posted rules, or a public housing project, among others, is criminal trespass in the third degree, a class B misdemeanor.

Also called dog bite

A dog a judge finds dangerous on clear and convincing evidence after a hearing. Its owner is strictly liable for the medical costs of injuries it causes.

Also called consumer fraud, deceptive practice

An unfair, deceptive or abusive act or practice in business, for which an injured person may recover actual damages or fifty dollars, whichever is greater.

Also called disturbing the peace

Fighting, unreasonable noise, obscene language in public, obstructing traffic or refusing a lawful order to disperse, intending public inconvenience, annoyance or alarm, or recklessly risking it.

Also called cooling off period, cancel a sale

A sale the buyer may cancel any time before midnight of the third business day after the transaction.

Also called DWAI

Driving when the ability to drive is impaired by alcohol. On a first conviction, a traffic infraction with a fine of $300 to $500 and a 90 day suspension.

Also called breaking a lease, reletting

When a tenant leaves in violation of the lease, the landlord takes reasonable and customary steps to rent the home at fair market value or the lease rate, whichever is lower.

Also called self defense, stand your ground

The rule that deadly physical force is not justified when the person knows they can avoid the need with complete safety by retreating.

Also called wiretapping, recording consent

Unlawful wiretapping, mechanical overhearing of a conversation, or intercepting an electronic communication. A class E felony.

Also called 9.39, mental health hold, taken in for an evaluation

Admission to an approved hospital, for a period of fifteen days, of a person alleged to have a mental illness for which immediate observation, care and treatment in a hospital is appropriate and which is likely to result in serious harm to themself or others.

Also called false name

After being told the consequences, knowingly misrepresenting one's actual name, date of birth or address to an officer, intending to keep the officer from learning it. A class B misdemeanor.

Also called freedom of information, public records request

A written request for a record reasonably described, which an agency answers within five business days by making it available, denying it in writing, or acknowledging it with an approximate date.

Also called felony theft

Larceny graded as a felony. In the fourth degree, a class E felony, it includes property worth more than $1,000.

Also called harassment in the second degree

With intent to harass, annoy or alarm, touching, following in a public place, or a course of conduct that alarms or seriously annoys and serves no legitimate purpose.

Also called initiation, pledging

Intentionally or recklessly engaging, in the course of another person's initiation into or affiliation with any organization, in conduct that creates a substantial risk of physical injury to that person or a third person, including physical contact or required physical activity.

Also called wage garnishment, garnishment

An order taking part of a debtor's income, no more than ten percent, and nothing for a week in which disposable earnings are not more than thirty times the minimum hourly wage.

Also called no fault divorce

A ground for divorce: the relationship has broken down irretrievably for at least six months and one spouse says so under oath.

Also called late charge

A fee for rent not paid within five days of its due date, which may not exceed fifty dollars or five percent of the monthly rent, whichever is less.

Also called lemon

The rule that a new car's defect reported within the first 18,000 miles or two years from delivery, whichever comes first, is corrected at no charge, and if not fixed after a reasonable number of attempts, the car is replaced or refunded.

Also called unpaid wages penalty, wage theft

An amount of one hundred percent of the wages due, added to the underpayment for an employee who wins a wage claim, unless the employer proves a good faith basis for believing it paid lawfully.

Also called weekly pay

A worker paid weekly, within seven calendar days after the end of the week the wages were earned.

Also called move over law

The due care a driver owes an emergency or hazard vehicle stopped with its lights on, which on a parkway or controlled access highway includes moving out of the adjoining lane when that is otherwise lawful.

Also called suing the city

The notice served within ninety days after a claim arises before suing a public corporation or its officers or employees in tort.

Also called rent increase notice

Written notice a landlord gives before not renewing, or renewing with a rent increase of five percent or more: at least 30, 60 or 90 days, depending on how long the tenant has lived there.

Also called open bottle

An open container of an alcoholic beverage in a motor vehicle on a public highway, which no driver or passenger may have. A traffic infraction.

Also called restraining order, protective order

A Family Court order setting reasonable conditions of behavior for no more than two years, or up to five years on aggravating circumstances.

Also called ROR, bail

Release on the person's own promise to return, which the court orders pending trial unless the charge is a qualifying offense or it finds this will not reasonably assure the person's return.

Also called private road

Under the drunk driving section, a lot or driveway serving premises with room for four or more vehicles, where the section applies as on a public highway.

Also called statute of limitations, time limit to charge

The time within which a criminal action must be commenced: within five years for most felonies, two years for a misdemeanor and one year for a petty offense, with no limit for a class A felony and the other offenses the section lists.

Also called shoplifting, theft

Stealing property, whatever its value. A class A misdemeanor.

Also called assault

Impairment of physical condition or substantial pain, the harm assault in the third degree turns on.

Also called texting while driving, phone while driving

A device no one may hold while driving a moving vehicle to view, take or send images, play games, or compose, send, read or browse messages or web pages.

Also called minor in possession, underage drinking

A person under twenty-one possessing an alcoholic beverage intending to drink it, unless a parent or guardian gave it to them. The court may impose a fine of up to $50.

Also called prenatal personal leave

Twenty hours of paid leave in any fifty-two week period for health care services related to the employee's pregnancy, separate from sick leave.

Also called bail eligible

A charge for which the court may fix bail, from a list that includes most violent felonies, class A felonies, felony sex offenses and witness intimidation.

Also called resisting

Intentionally preventing, or trying to prevent, a police officer or peace officer from making an authorized arrest of oneself or someone else. A class A misdemeanor.

Also called retaliatory eviction

Serving a notice to quit, starting an eviction, or substantially changing the tenancy, including refusing to renew, because of a good faith complaint, an effort to enforce rights, or taking part in a tenants' organization.

Also called turning on red

A right turn on a steady red after a full stop at the line, yielding to pedestrians and other traffic lawfully in the intersection, unless a sign prohibits it.

Also called clearing a record, clean slate

Closing a criminal record. A misdemeanor conviction is sealed automatically once at least three years have passed since release, or sentence if there was none, and a felony conviction once at least eight years have passed.

Also called warrant

A court's warrant to search, executed not more than ten days after it was issued, and only between 6:00 A.M. and 9:00 P.M. unless it expressly authorizes any time.

Also called deposit, advance

A deposit or advance on a dwelling, which may not exceed one month's rent. Within fourteen days after the tenant moves out, the landlord gives an itemized statement of anything kept and returns the rest.

Also called inheritance, premarital property

Property acquired before the marriage, by inheritance, or as a gift from someone other than the spouse, which stays with its owner.

Also called sick time, paid sick leave

Leave accruing at no less than one hour for every thirty hours worked, up to 40 hours a year, or 56 hours at an employer of one hundred or more.

Also called small claims court

A claim for money only, up to $10,000 in the civil court of New York City, or $5,000 in a city court outside it.

Also called eviction case, housing court

The court case through which alone a tenant or lawful occupant of a dwelling may be removed. A case for unpaid rent needs a written demand served with at least fourteen days' notice.

Also called course of conduct

Intentionally, and for no legitimate purpose, directing a course of conduct at a specific person that is likely to cause reasonable fear of material harm. In the fourth degree, a class B misdemeanor.

Also called more time to move

A pause the court may grant on the occupant's good faith application, for not more than one year, when similar housing cannot be found or the occupant would suffer extreme hardship.

Also called stop and identify, pat down

A stop in a public place on reasonable suspicion of a felony or a penal law misdemeanor, with a demand for name, address and an explanation of conduct, and a search for weapons when the officer reasonably suspects danger of physical injury.

Also called traffic ticket

A category of offense of its own, separate from violations and crimes.

Also called lockout, self help eviction

Removing an occupant who has lawfully lived in a home for thirty consecutive days or longer without a warrant of eviction or other order, by force, cutting essential services, removing belongings or the door, or changing the lock without a key.

Also called fleeing police, eluding

Trying to get away from a uniformed officer or marked police vehicle that signalled a stop, by driving twenty-five miles per hour or more above the speed limit, or by reckless driving. A class A misdemeanor in the third degree.

Also called over the limit

Knowingly possessing more than three ounces of cannabis, or more than twenty-four grams of concentrated cannabis. A violation punishable by a fine of not more than $125.

Also called non criminal offense

An offense allowing no more than fifteen days in jail and a fine of up to $250. Disorderly conduct, harassment in the second degree and trespass are violations.

Also called eviction warrant, marshal

The warrant the court issues to a sheriff, marshal or constable after a judgment for the landlord. The officer gives at least fourteen days' written notice and carries it out only on a business day between sunrise and sunset.

Also called habitability, repairs

The landlord's promise, in every written or oral residential lease, that the home and shared areas are fit for human habitation and that occupants are not subjected to conditions dangerous to life, health or safety.

Also called under 21 drinking and driving

The rule that no one under twenty-one may drive after having consumed alcohol, defined as .02 to .07 by weight of alcohol in the blood.