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-   -   Advice: Ive just been stopped by the police. (https://britishexpats.com/forum/usa-57/advice-ive-just-been-stopped-police-576282/)

mickybrit Dec 1st 2008 10:02 pm

Advice: Ive just been stopped by the police.
 
Driving along a 40mph stretch of road followed by police car, low light ( lights on) wet road/raining. So I'm driving pretty good, then a school bus driving on the opposite side of the road coming towards me decides to put flashing lights on. Now there is no safe way for me to slam my brakes on, risk sliding or being hit in the back by police car, so all clear I drives on.

The school bus honks its horn as I pass ( talk about stitching me up), cop car puts its lights on and i pull over.

"Do you know why I stooped you?"

No I replied, he says its because of the bus. I wasnt going to argue about safe stopping distances etc.

Anyway he says hes going to give me a ticket for that and my UK credit size driving license is not international, so its no good it does not say internationl license on it and i need a New York sate one. I'm not allowed to drive any more.

Is a UK credit size driving license good to drive in New York? I have read that I only need a NYS license after a year of living here.

Octang Frye Dec 1st 2008 10:13 pm

Re: Advice: Ive just been stopped by the police.
 
That's a stiff ticket. Did you cross the state line?
In Atlanta, we had to get one straight away.

Poppy girl Dec 1st 2008 10:16 pm

Re: Advice: Ive just been stopped by the police.
 
Pan down to drivers from other nations.

http://www.nydmv.state.ny.us/license.htm#driversmoving

mickybrit Dec 1st 2008 11:17 pm

Re: Advice: Ive just been stopped by the police.
 

Originally Posted by Poppy girl (Post 7027384)
Pan down to drivers from other nations.

http://www.nydmv.state.ny.us/license.htm#driversmoving

"Your foreign driver license, not the International Driving Permit, allows you to drive in NYS".

Does this mean my UK license is good to drive in NYS?

"You must show a Social Security Card. If you are not eligible for a Social Security Card, you must provide a letter or form SSA-L676 from the US Social Security Administration (SSA) that states that you are not eligible".

I don't have a social security card, in my NYS driving handbook it says I don't need to get a NYS license for upto a year.

scrubbedexpat099 Dec 1st 2008 11:22 pm

Re: Advice: Ive just been stopped by the police.
 
Are you a NY resident or just here on hols?

surly Dec 1st 2008 11:24 pm

Re: Advice: Ive just been stopped by the police.
 

Originally Posted by mickybrit (Post 7027345)
Driving along a 40mph stretch of road followed by police car, low light ( lights on) wet road/raining. So I'm driving pretty good, then a school bus driving on the opposite side of the road coming towards me decides to put flashing lights on. Now there is no safe way for me to slam my brakes on, risk sliding or being hit in the back by police car, so all clear I drives on.

The school bus honks its horn as I pass ( talk about stitching me up), cop car puts its lights on and i pull over.

"Do you know why I stooped you?"

No I replied, he says its because of the bus. I wasnt going to argue about safe stopping distances etc.

Anyway he says hes going to give me a ticket for that and my UK credit size driving license is not international, so its no good it does not say internationl license on it and i need a New York sate one. I'm not allowed to drive any more.

Is a UK credit size driving license good to drive in New York? I have read that I only need a NYS license after a year of living here.

Check with the DMV. You can fight it in court if you wish, good luck with that.

meauxna Dec 1st 2008 11:24 pm

Re: Advice: Ive just been stopped by the police.
 

Originally Posted by mickybrit (Post 7027550)
"Your foreign driver license, not the International Driving Permit, allows you to drive in NYS".

Does this mean my UK license is good to drive in NYS?

"You must show a Social Security Card. If you are not eligible for a Social Security Card, you must provide a letter or form SSA-L676 from the US Social Security Administration (SSA) that states that you are not eligible".

I don't have a social security card, in my NYS driving handbook it says I don't need to get a NYS license for upto a year.

It says you have to get one within 30 days of becoming a resident.

Section 250 (5) of the Vehicle and Traffic Law defines the term "resident." The law defines a resident as a person who lives in NYS with the intent to make NYS a "fixed and permanent" place to live. To live in a house, a home, an apartment, a room or other similar place in NYS for 90 days is considered "presumptive evidence" that you are a resident of NYS. A police officer can use this evidence as the reason to issue a traffic ticket if you drive in NYS without a driver license or vehicle registration issued by NYS.

http://www.nydmv.state.ny.us/resident.htm

The school bus one is a big naughty. And you're applying for AOS.

SCHOOL BUSES

When a stopped school bus flashes its red light(s), traffic approaching from either direction, even in front of the school and in school parking lots, must stop before reaching the bus. You should stop at least 20 feet (6 m) away from the bus. You can identify this bus by a "SCHOOL BUS" sign, the red lights on top, and its unique yellow/orange color.

Before a school bus stops to load or unload passengers, the driver will usually flash yellow warning lights. When you see them, slow down and be prepared to stop.

Once stopped for a school bus, you may not drive again until the red lights stop flashing or when the bus driver or a traffic officer waves you on. This law applies on all roadways in New York State. You must stop for a school bus even if it is on the opposite side of a divided highway.

After stopping for a school bus, watch for children along the side of the road. Drive slowly until you have passed them.

Safety Tip: Most school bus-related deaths and injuries occur while children are crossing the street after leaving the bus, not in collisions involving school buses.

Keep in mind that vehicles transporting disabled persons may be equipped as school buses, and you must stop for them just as you would for other school buses.

The fine for passing a stopped school bus ranges from a minimum of $250 for a first violation to a maximum of $1,000 for three violations in three years. In addition, if you are convicted of three such violations in three years, your license will be revoked for a minimum of six months.

scrubbedexpat099 Dec 1st 2008 11:36 pm

Re: Advice: Ive just been stopped by the police.
 

Originally Posted by meauxna (Post 7027571)
It says you have to get one within 30 days of becoming a resident.

Section 250 (5) of the Vehicle and Traffic Law defines the term "resident." The law defines a resident as a person who lives in NYS with the intent to make NYS a "fixed and permanent" place to live. To live in a house, a home, an apartment, a room or other similar place in NYS for 90 days is considered "presumptive evidence" that you are a resident of NYS. A police officer can use this evidence as the reason to issue a traffic ticket if you drive in NYS without a driver license or vehicle registration issued by NYS.

http://www.nydmv.state.ny.us/resident.htm

The school bus one is a big naughty. And you're applying for AOS.

SCHOOL BUSES

When a stopped school bus flashes its red light(s), traffic approaching from either direction, even in front of the school and in school parking lots, must stop before reaching the bus. You should stop at least 20 feet (6 m) away from the bus. You can identify this bus by a "SCHOOL BUS" sign, the red lights on top, and its unique yellow/orange color.

Before a school bus stops to load or unload passengers, the driver will usually flash yellow warning lights. When you see them, slow down and be prepared to stop.

Once stopped for a school bus, you may not drive again until the red lights stop flashing or when the bus driver or a traffic officer waves you on. This law applies on all roadways in New York State. You must stop for a school bus even if it is on the opposite side of a divided highway.

After stopping for a school bus, watch for children along the side of the road. Drive slowly until you have passed them.

Safety Tip: Most school bus-related deaths and injuries occur while children are crossing the street after leaving the bus, not in collisions involving school buses.

Keep in mind that vehicles transporting disabled persons may be equipped as school buses, and you must stop for them just as you would for other school buses.

The fine for passing a stopped school bus ranges from a minimum of $250 for a first violation to a maximum of $1,000 for three violations in three years. In addition, if you are convicted of three such violations in three years, your license will be revoked for a minimum of six months.

Had a look, a VWP Express...

Wel if your I-94 is still valid, probaby not, you coud just show that and argue you are not 'resident'.

If your status is all down to your AoS receipt then according to Immigration Law you are not resident, in fact the status is a bit obscure. But this is a State law issue, and unless you can show that you do not fit in their definition, which is going to be an ask.

I had a smilar issue in Colorado, could not get a DL for 9 monhs, but the regs there were very vague and I knew what to say.

Bluegrass Lass Dec 1st 2008 11:38 pm

Re: Advice: Ive just been stopped by the police.
 

Originally Posted by meauxna (Post 7027571)

When a stopped school bus flashes its red light(s), traffic approaching from either direction, even in front of the school and in school parking lots, must stop before reaching the bus. You should stop at least 20 feet (6 m) away from the bus. You can identify this bus by a "SCHOOL BUS" sign, the red lights on top, and its unique yellow/orange color.

And from the sounds of road conditions, he would have gotten a traffic ticket anyway when he slammed on the brakes and went sliding past hte school bus..or caused the police officer to rear-end him. So either way, he would have gotten it. And I'm guessing the cop ignored the flashing lights on the bus too, in order to pull the OP over.

Rete Dec 1st 2008 11:51 pm

Re: Advice: Ive just been stopped by the police.
 
You heard wrong. From the NYS DMV

If you become a resident of NYS, you must get a NYS driver license within 30 days and surrender your out-of-state driver license. Normally, you cannot have a NYS driver license and a driver license from another state, but there are exceptions. It is a violation of Federal law to hold more than one commercial driver license (CDL).


You have taken up residency in the State of New York. You have applied for adjustment of status, you MUST have a NYS license and need to apply 30 days after taking up residency in the State of New York.

BTW the officer was incorrect. An international driver's permit is not a license only proof that you hold a license from another country, as per the NYS DMV site.

Rete Dec 1st 2008 11:52 pm

Re: Advice: Ive just been stopped by the police.
 

Originally Posted by Poppy girl (Post 7027384)
Pan down to drivers from other nations.

http://www.nydmv.state.ny.us/license.htm#driversmoving


He also needs to read NYS Residency. That is more important. He is not just a driver from another country he has applied for a green card and has taken up residency in the State of New York.

meauxna Dec 1st 2008 11:53 pm

Re: Advice: Ive just been stopped by the police.
 

Originally Posted by Boiler (Post 7027602)
Had a look, a VWP Express...

Wel if your I-94 is still valid, probaby not, you coud just show that and argue you are not 'resident'.

If your status is all down to your AoS receipt then according to Immigration Law you are not resident, in fact the status is a bit obscure. But this is a State law issue, and unless you can show that you do not fit in their definition, which is going to be an ask.

I had a smilar issue in Colorado, could not get a DL for 9 monhs, but the regs there were very vague and I knew what to say.

See the 'resident' definition in the quoted post.. and he's been here since at least April.
" To live in a house, a home, an apartment, a room or other similar place in NYS for 90 days is considered "presumptive evidence" that you are a resident of NYS."

It'll probably just be the ticket but I always wonder if they shouldn't ask their immigration attorney about it before going to court.

Bob Dec 2nd 2008 12:16 am

Re: Advice: Ive just been stopped by the police.
 
Either way, contest the ticket, it'll probably get chucked.

scrubbedexpat099 Dec 2nd 2008 12:25 am

Re: Advice: Ive just been stopped by the police.
 

Originally Posted by meauxna (Post 7027654)
See the 'resident' definition in the quoted post.. and he's been here since at least April.
" To live in a house, a home, an apartment, a room or other similar place in NYS for 90 days is considered "presumptive evidence" that you are a resident of NYS."

It'll probably just be the ticket but I always wonder if they shouldn't ask their immigration attorney about it before going to court.


Did not see the April bit, sounds like he is stuffed on that route.

Having said that it does not seem such a big deal here as it would be in the UK. The School Bus thing may be a bigger deal.

And I do not know about NY, but here turn up and grovel mght help Assuming there are no mistakes in the citation.

mickybrit Dec 2nd 2008 12:30 am

Re: Advice: Ive just been stopped by the police.
 

Originally Posted by sunflwrgrl13 (Post 7027612)
And from the sounds of road conditions, he would have gotten a traffic ticket anyway when he slammed on the brakes and went sliding past hte school bus..or caused the police officer to rear-end him. So either way, he would have gotten it. And I'm guessing the cop ignored the flashing lights on the bus too, in order to pull the OP over.

True it was a no win situation, I'm doing 40mph, the cop is doing 40 mph behind me say 40 feet behind me, the school bus driving along decides to stop flashes its lights. Which is safer to carry on driving with no risk to anyone or emergency brake probably aqua plane past the bus anyway, skid into the bus, have the cop car crash into the back of me.

In reality any driver could get nicked by a school bus driver, he just has to slow down wait for oncoming traffic, when traffic is close enough hit the flashing lights and your nicked.


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