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In NY it is a "violation" of the law for most traffic offenses. Technically you can be arrested for any traffic infraction but in practice they give you a ticke

In NY it is a "violation" of the law for most traffic offenses. Technically you can be arrested for any traffic infraction but in practice they give you a ticket. Upon conviction you can be imprisoned for up to 15 days. With violations the officer has 100% discretion about what to do. They can decide not to write a ticket/arrest someone for any reason. This officer was obviously a bad officer that is on a power trip but the OP has not much recourse for what was done. It is sad. I guess it could have been worse. The officer could have made up just about anything and made it worse (like saying you swung at them or threatened them)

ivanplenty 13y ago
I've always wondered about this with traffic tickets: How can officers have discretion on how to prosecute and still satisfy "equal protection under the law"? Or does equal protection only apply to federal statutes? [Edit: Thank you to OP for sharing, and my heart goes out for your exp]
- greenyoda 13y ago
  "Or does equal protection only apply to federal statutes?" Actually, the 14th Amendment (where the "equal protection" clause is) applies specifically to the states: "...nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."[1] The 14th Amendment is applied to the federal government via a process called "reverse incorporation": "Whereas incorporation applies the Bill of Rights to the states though the Due Process Clause of the Fourteenth Amendment, in reverse incorporation, the Equal Protection Clause of the Fourteenth Amendment has been held to apply to the federal government through the Due Process Clause located in the Fifth Amendment."[2] [1] https://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution#Text https://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_Un... [2] https://en.wikipedia.org/wiki/Incorporation_of_the_bill_of_rights#Reverse_incorporation https://en.wikipedia.org/wiki/Incorporation_of_the_bill_of_r...
- EGreg 13y ago
  Can an officer simply drive by and make up a story like you were running a red light, and give you a ticket? Or maybe just make up a story that you swung at them and then kick the crap out of you? This would solve a lot of problems for both police and civilians: http://www.nytimes.com/2013/04/07/business/wearable-video-cameras-for-police-officers.html?pagewanted=all&_r=0 http://www.nytimes.com/2013/04/07/business/wearable-video-ca...

ivanplenty 13y ago

I've always wondered about this with traffic tickets: How can officers have discretion on how to prosecute and still satisfy "equal protection under the law"? Or does equal protection only apply to federal statutes? [Edit: Thank you to OP for sharing, and my heart goes out for your exp]

greenyoda 13y ago
"Or does equal protection only apply to federal statutes?" Actually, the 14th Amendment (where the "equal protection" clause is) applies specifically to the states: "...nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."[1] The 14th Amendment is applied to the federal government via a process called "reverse incorporation": "Whereas incorporation applies the Bill of Rights to the states though the Due Process Clause of the Fourteenth Amendment, in reverse incorporation, the Equal Protection Clause of the Fourteenth Amendment has been held to apply to the federal government through the Due Process Clause located in the Fifth Amendment."[2] [1] https://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution#Text https://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_Un... [2] https://en.wikipedia.org/wiki/Incorporation_of_the_bill_of_rights#Reverse_incorporation https://en.wikipedia.org/wiki/Incorporation_of_the_bill_of_r...
EGreg 13y ago
Can an officer simply drive by and make up a story like you were running a red light, and give you a ticket? Or maybe just make up a story that you swung at them and then kick the crap out of you? This would solve a lot of problems for both police and civilians: http://www.nytimes.com/2013/04/07/business/wearable-video-cameras-for-police-officers.html?pagewanted=all&_r=0 http://www.nytimes.com/2013/04/07/business/wearable-video-ca...