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法律英语|法律英语导读(7)

来源:www.gfcfv.com 2024-04-20
The Questionable1 Legality(合法性) of Loitering Laws

Many people argue that police officers use loitering laws to clear neighborhoods of undesirables2. Some courts have held loitering laws to be unconstitutional (不合宪的,违宪的)on the grounds that they are enforced discriminatorily(歧视地) against poor persons and ethnic3 minorities(少数民族) and that they unduly4 restrict people's rights to travel on public streets. However, the safest place to challenge the validity (有效性、合法性)of a loitering law is in the courts, not on the streets to a police officer's face.

5. An Officer Who Pulled Me Over for a Traffic Offense5(交通违章) Said That I'd Be Arrested if I Didn't Supply Identification. Is This Legal?

Yes. Traffic offenses6 such as speeding(超速) and unsafe lane changes are generally classified as infractions(违章), for which drivers are given citations7 in lieu of arrest. However, an officer has the right to demand personal identificationusually a driver's license8 and the vehicle registration9. A driver's refusal to supply the information elevates the situation to a more serious offense, for which the driver usually can be arrested. The simple refusal to answer questions is not a crime, but the refusal to supply identification, combined with the suspected commission of a traffic offense, is.

6. An Officer Pulled Me Over for Suspicion of Drunk Driving (酒后驾车)and Questioned Me about Where I'd Been and What I'd Had to Drink. Can I Be Arrested for Refusing to Answer These Questions?

No. An officer has the right to conduct a field sobriety test of a suspected drunk driver. But the driver has the right to refuse to answer questions. In such a situation, the validity of an arrest would depend solely10 on the person's driving pattern and performance on the field sobriety tests. (See Chapter 24 for more on drunk driving and field sobriety tests.)

本节的问题:field sobriety test 的意思是?
答案:现场清醒度测试/现场酒精测试


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