Walk It Through: A Stop, A Test And A Ticket
Stop and frisk on foot, the chemical test, and the appearance ticket.
Walking home late, an officer stops you and asks your name and where you are going.
Two things a person in this spot might do. Picking one shows what the law says about it.
Three separate nights. Whether a stop was lawful, the roadside breath screen, the impaired driving penalties, and what happens at the arraignment are not covered here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- False personationAfter 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.
- Physical injuryImpairment of physical condition or substantial pain, the harm assault in the third degree turns on.
- Stop and friskA 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.
- Appearance ticketA 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.
- Class A misdemeanorThe higher misdemeanor class, carrying up to 364 days in jail and a fine of up to $1,000.
- Order of protectionA Family Court order setting reasonable conditions of behavior for no more than two years, or up to five years on aggravating circumstances.
- Own recognizanceRelease 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.
- Search warrantA 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.
- Chemical test refusalRefusing 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.