NY Veh & Traf L § 1194 explains the procedures a police officer must follow in offering a breathalyzer test, and outlines the procedures and consequences following a driver’s refusal of this test. Chemical test refusal, as the law calls it, is technically a civil offense. The offense is defined as follows:
Offense Details:
V&T Code: § 1194(2) Offense Title: *Not officially named but commonly referred to as “chemical test refusal” Designation: Civil offense
Offense Definition:
Refusing to submit to a chemical test or any portion thereof when the police officer had reasonable grounds to believe the driver operated a motor vehicle after having consumed alcohol requested that the driver submit to a chemical test informed the driver that their license or permit to drive and any non-resident operating privilege shall be revoked for refusal to submit to such chemical test or any portion thereof, whether or not there is a finding of driving after having consumed alcohol
Penalties:
Fine: $500 BUT if prior DWI-related offense in past 5 years, fine is $750 Driver responsibility assessment fee: $250 a year for 3 years Reinstatement fee: $100 License revocation: IF first offense, minimum of 1 year IF prior DWI-related offense in past 5 years, minimum of 18 months
Other Consequences:
Cannot get a conditional license to drive under limited circumstances during one’s license suspension or revocation period Can be used as evidence against one in their DWI case Police can hold a driver that refuses a breathalyzer or chemical test in custody pending their administrative hearing
大家都是投资理财的能手,但好奇在美国生活的常识是哪里学习的呢?
好像有几个地方:
1.学校的欢迎外国学生小册子和网站
2. 新移民接待处,教会,社安卡或驾照申领处
3.亲戚朋友口传面授,
4.影视作品,网上论坛
比如警察在门口问能不能进来,那就得问有没有warrant, 没有就应该拒绝。交通违章被警察叫停, 问能不能看看后车厢, 也应该拒绝。 如果警察要求测酒驾, 律师的建议也是拒绝。
NY Veh & Traf L § 1194 explains the procedures a police officer must follow in offering a breathalyzer test, and outlines the procedures and consequences following a driver’s refusal of this test. Chemical test refusal, as the law calls it, is technically a civil offense. The offense is defined as follows:
Offense Details:
V&T Code: § 1194(2) Offense Title: *Not officially named but commonly referred to as “chemical test refusal” Designation: Civil offenseOffense Definition:
Refusing to submit to a chemical test or any portion thereof when the police officer had reasonable grounds to believe the driver operated a motor vehicle after having consumed alcohol requested that the driver submit to a chemical test informed the driver that their license or permit to drive and any non-resident operating privilege shall be revoked for refusal to submit to such chemical test or any portion thereof, whether or not there is a finding of driving after having consumed alcoholPenalties:
Fine: $500 BUT if prior DWI-related offense in past 5 years, fine is $750 Driver responsibility assessment fee: $250 a year for 3 years Reinstatement fee: $100 License revocation: IF first offense, minimum of 1 year IF prior DWI-related offense in past 5 years, minimum of 18 monthsOther Consequences:
Cannot get a conditional license to drive under limited circumstances during one’s license suspension or revocation period Can be used as evidence against one in their DWI case Police can hold a driver that refuses a breathalyzer or chemical test in custody pending their administrative hearinghappy
哈哈,我2次被stop,一次太慢,一次65,开到80,他们都没給我罚单,还非常友好地stop all traffic,保证我安全地开回
主道上
不用看许多书,上许多课,都知道听从警察的命令,不是警察讲的话,是命令!投坛的人来美国多年,警察的话和命令还是搞得清的。隔壁法律坛老猫版主的解释非常好。
律师在群里这么说, 原因是测到超标就是铁证,没测酒精律师就有机会庭外减罪和解。 我是半信半疑,反正我不可能超标酒驾, 多半就让警察测了。