Legal Question in Traffic Law in New York

I Was Given 2 Tickets After I Had Got Out Of My Vehicle Went In The Store And Came Back Out. I Never Re-entered The Vehicle And I Was Arrested And Never Read My Rights By The Arresting Officer Or Any One Else. Can I Legally Be Ticketed Or Arrested If I Was Never Pulled Over Or Had My Rights Read To Me?


Asked on 8/25/10, 11:59 am

1 Answer from Attorneys

Joel Salinger Law Office of Joel R. Salinger

Being in your vehicle is not a requirement in this situation. An officer can testify that he or she observed you driving and ticketed you after you were out of the vehicle. As for reading your rights, it is only required for a criminal charge not a violation, which most vehicle and traffic laws are, and it is only when they question you. It is television fiction that the police will read you your rights at the time of arrest. It is only when they start to question you that your rights are necessary. Pedigree information such as name, address, age, dob, etc. is not considered questioning for the purposes of requiring your rights to be acknowledged.

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Answered on 8/30/10, 12:34 pm


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