Q: Can you be arrested for a Traffic Infraction?
My husband had a minor fender bender, both vehicles still drivable and no one was injured. My husband was ticketed for "following too closely" the officer marked the ticket as Traffic Infraction and also Arrest Type as 6-Personal Injury. My husband had explained to the officer that he was disabled but legally allowed to drive with no restrictions. He was asked if he had taken any medication and my husband replied No. The officer then gave him an impairment test that he passed. At this point the officer threatened to arrest him and put him in jail "but instead that he was advising him to turn in his license". Is a "Following too closely" ticket grounds to arrest someone? Why would the officer put Arrest Type on the ticket? Should I report this officer?
A:
"arrest type" on the ticket form refers to why the officer encountered with the motorist. It does not mean there was a formal arrest.
The officer might report your husband to the NYS DMV Medical Review Unit, which will require him to submit paperwork from a doctor showing that he is clear to drive.
The following too closely ticket has 4 points and the ticket can be fought.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
