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| Subject:
New York State Motor Vehicle Code
Category: Miscellaneous Asked by: motorer-ga List Price: $2.00 |
Posted:
05 Jul 2005 06:38 PDT
Expires: 07 Jul 2005 10:56 PDT Question ID: 540085 |
When stopped by a police office, if you have mistakenly left your driver's license, registration, and/or insurance card at home, and if your home is nearby, is the police office required to follow you home before issuing a ticket? | |
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| There is no answer at this time. |
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| Subject:
Re: New York State Motor Vehicle Code
From: research_help-ga on 05 Jul 2005 13:15 PDT |
No, not only are police not required to do this, but I would assume they are not allowed to do this. |
| Subject:
Re: New York State Motor Vehicle Code
From: cynthia-ga on 05 Jul 2005 15:00 PDT |
Just a guess, but it seems to me that when you are pulled over, technically, you are being "detained" until the officer is done with you. You can always tell if you are being detained by asking an officer if you are "free to go." If s/he says no, you are being detained. I can't imagine a circumstance where a police officer would follow you home, whatever the short distance, to get a document you are required, by law, to carry while operating a vehicle. Being computerized, law enforcement officers can tell if you have a valid license, they don't really need to see it, it's mainly to identify the license holder as the person driving the vehicle. ~~Cynthia |
| Subject:
Re: New York State Motor Vehicle Code
From: politicalguru-ga on 06 Jul 2005 01:00 PDT |
This is hardly a "legal" advice (because it hasn't happened where you have been pulled over), and in any case, this is more of an anecdote: this has happened to me once, in a rural area where my parents live. My father was with me in the car. We've told the policeman that I've had the license at home, I've just forgotten my whole wallet. He's had a look at us, two "respectable looking" locals (my father has been with me, with his ID and everything), told us to switch (so my dad would drive) and that if I came immidiately thereafter to the police station and presented my license, there will be no charges. However, I think that basically, this depended on the fact that we've both looked pretty innocent, and that the officer has been willing to let it go, and it hasn't been some sort of police regulation - on the contrary, he has done us a favour. [BTW - this trauma has stayed with me. I hardly ever drive now that I live in a big city with good public transportation; but I ***alwasy*** carry my license with me...]. |
| Subject:
Re: New York State Motor Vehicle Code
From: research_help-ga on 06 Jul 2005 05:45 PDT |
No, in New York a police officer will not wait while you go home (however close it might be) to get identification or documents. Forgetting all the logistics and practicalities of doing this, just think, how do they know you are not coming back with a gun, or if you will ever come back? |
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