Posted: 1/3/2005 11:18:58 AM EDT
|
The subject of issuing a VTL summons for a violation not committed in an officer's presence came up today. Certain departments within the state (NYSP for one) will issue a summons to a motorist for failure to yield the right of way, failure to keep left or failure to stop for red TSL as part of an accident investigation. Under the CPL , arrests (a summons is in lieu of arrest) can only be made for petty offenses when they're committed in the officer's presence (with the exception in the VTL for DWI and Leaving the Scene). What's the authority for issuing these tickets? Nassau doesn't do it, Suffolk doesn't and as far as we can determine neither does NYPD. Thoughts? |
|
Not in NY, but we have a similar provision state law: a ticket is an arrest (non custodial, though), and an officer can only arrest for offenses committed in their presence or view, or pursusant to a warrant. The answer is that the officer issues the citation, but if the violator refuses to sign the promise to appear, the officer cannot make a custody arrest, but instead must obtain an arrest warrant or request the court issue a "summons" (around here that is basically a subpoena) ordering the person to appear in court on the appointed day. |