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Law Office of Richard Southard | Richard C Southard
I don't think there is anything written down anywhere that authorizes the police to have discretion in whether to make an arrest or not but as a practical matter, most New Yorkers know someone or have heard a story about someone getting a break from a police officer. In this case, I think that if the police were not going to make an arrest, they should make sure that someone else is driving the vehicle.
Answer Applies to: New York
Replied: 2/15/2012
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
A police officer is supposed to issue tickets for violations of the law. However he may exercise discretion but is not required to.
Answer Applies to: New York
Replied: 2/15/2012
Law Offices of John Carney | John Carney
The police will always give you a DAT or Desk Appearance Ticket for driving with a suspended license or registration because it is a serious traffic violation. If your license was suspended for DWI it is a misdemeanor or felony and you could be arrested and brought before a judge the next day. A second arrest can be a felony and you might even get jail time. Some people are irresponsible and they simply ignore traffic tickets which can lead to bench warrants, suspensions, and higher fines.
Answer Applies to: New York
Replied: 2/13/2012
Law Offices of Frederick L. Sosinsky | Frederick L. Sosinsky
A police officer is required by law to, at the very least, issue what is called a desk appearance ticket if it is determined that you were operating a vehicle with a suspended license. Many officers will arrest you for this vehicle and traffic crime. This crime is a serious matter for which you should hire counsel as it could leave one with a criminal record.
Answer Applies to: New York
Replied: 2/13/2012
Law Office of Jared Altman | Jared Altman
I suppose he does. There's nobody to stop Him.
Answer Applies to: New York
Replied: 2/13/2012
Lutwin & Lutwin, LLP | Joel M. Lutwin
He should arrest you. If he lets you go, he could be in trouble if the PD finds out.
Answer Applies to: New York
Replied: 2/10/2012
Palumbo and Kosofsky | Michael Palumbo
Yes they can let you go. If you were arrested for driving with a suspended license our law firm can represent you.
Answer Applies to: New York
Replied: 2/10/2012
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
Yes, a police officer has an almost unlimited amount of discretion whether to arrest for ANY crime, not just minor vehicle and traffic charges. Note that I said "almost." There are, of course, exceptions for mandatory arrest situations and common sense situations. Haven't you ever been let go by a police officer for a traffic violation or just given a warning?
Answer Applies to: New York
Replied: 2/10/2012
