Originally Posted by Halo 819
GTNOS, Let me explain the way it is in NY State.
I have been a Police Officer on Long Island for 15 years and yes it is true that I might not be up on the latest rulings of the Supreme Court. I have seen the SC flip flop back and forth on so many things. The Supreme Court does not concern itself with Vehicle and Traffic Law. This is left to the individual States. In NY State there are:
Felonies: Offenses that can have a punishment of over 1 year in prison.
Misdemeanors: Offenses that can have a punishment of up to 1 year in prison.
Violations: Offenses that are usually punished with a fine.
While Felonies and Misdemeanors are classified as crimes, Violations are not.
To put it very simply an Officer cannot arrest for a violation that is not committed in his presence. Yes a traffic ticket is considered an arrest in NYS and it is issued in lieu of an arrest.
The other violations that you described that you can get a traffic ticket for in OK is not true in NYS. In these instances people are issued an appearance ticket to come back to Court with. Bail in these situations is taken at the Desk Officers discretion. Either $0 or several hundred dollars depending on the seriousness of the violation.
BTW all of the firearm and drug violations you mentioned will land you in a nice cozy NYS cell for the night over here.
If you do not show up for traffic court a warrant is issued for your arrest. This does not make the initial violation a crime. It is just to insure that the next time you get stopped you will be brought before a judge since you have proven that you cannot be trusted to show up on your own.
You also gave two instances where an Officer can arrest for a misdemeanor not committed in his presence. DWI and Domestic Violence. I don't know about OK but in NY I can arrest for ANY crime (misdemeanor or felony) as long as I have Reasonable Cause to believe that the Offense has in fact been commited.
I always find it interesting discussing differences in Law between jurisdictions. I had one of the best conversations of my life in a Bahamian Casino with an on duty cop from there.
Crazy, your best bet would probably be to go to the local Police station or the Court Clerk if you have one up there and discuss the situation with an Officer there.
Also, Leave the woman alone. If you continue to call her she will be able to file a charge of aggravated harassment against you. Especially since she has told you not to call and your boss has been notified and has also warned you.
Do yourself a favor and let your insurance company handle this. That is what you pay them for. Forget about the accident. It will never go to trial any way. It just doesn't happen that way. These big insurance companies know that it is cheaper to settle than to fight especially it no one was hurt.
Your problem is the ticket that you received. Concentrate on that.
ive been doing this for about 10 years in OK, i know that states differ from each other...but me and you are practically in different worlds....
in OK we have either Probable Cause or Reasonable Grounds. Now, i know for a fact that Probable cause is federal. quote section of 4th amendment....."no warrants shall issue, except based upon probable cause, supported by oath and affirmation...." i was of the understanding that Reasonable grounds was established by the supreme court as well..
and yeah, the "Court" can and has reversed itself time and again in history. i suspect now that the Rehnquist Court is no more that the policies of the court over the last 3 decades are all up for review.... some need to be... too conservative...
anyway, are NYS' "violations" in thier own title? how did they write that in? like state ordinances? mindboggling is what that is.
also, the above offenses i listed that you can receive citations on, such as shoplifting or drug possession, we actually do arrest them, take them to our station, cut them a citation, and let them post bond for the citation. kinda like your "desk officer" thats about where the similarities end.
Man! im gonna have to visit NY sometime. being a country cop, i would love to see how things are done in a large metropolitian force. my dept only has 20 full time officers.