N.Y. Comp. Codes R. & Regs. tit. 15 § 139.2

Current through Register Vol. 46, No. 36, September 4, 2024

Section 139.2 - Police officer procedure upon arrest and arraignment

(a) If any person who has been placed under arrest for any violation of section 1192 of the Vehicle and Traffic Law (or who has taken a breath test, pursuant to section 1194[1] of such law, which indicates that the person has consumed alcohol) is requested to submit to a chemical test, the police officer shall inform the person that the license or permit to drive and any nonresident operating privilege shall be immediately suspended and subsequently revoked for refusal to submit to such chemical test or any portion thereof, whether or not the person is found guilty of the charge for which he or she was arrested. If the person thereafter refuses to submit, the test shall not be given unless a court order has been granted pursuant to section 1194 (3) of the Vehicle and Traffic Law. The arresting police officer shall cause to be made a written report of such refusal on a form provided by or acceptable to the commissioner, verified as provided by law (Report of Refusal to Submit to Chemical Test). No report shall be made if there was a compulsory test administered pursuant to section 1194 (3) of the Vehicle and Traffic Law.

(b) If any person who has been placed under arrest for any violation of section 49-a of the Navigation Law (or who has taken a breath test, pursuant to section 49-a[6] of such law, which indicates the person has consumed alcohol) is requested to submit to a chemical test, the police officer shall inform the person that the privilege to operate a vessel shall be immediately suspended for refusal to submit to such chemical test, whether or not the person is found guilty of the charge for which he or she was arrested. If the person thereafter refuses to submit, the test shall not be given unless a court order has been granted pursuant to section 49-a (8) of the Navigation Law. The arresting police officer shall cause to be made a written report of such refusal on a form provided by or acceptable to the commissioner, verified as provided by law (Report of Refusal to Submit to Chemical Test--Vessel). No report shall be made if there was a compulsory test administered pursuant to section 49-a (8) of the Navigation Law.

(c) If any person who has been placed under arrest for any violation of section 25.24 of the Parks, Recreation and Historic Preservation Law (or who has taken a breath test, pursuant to section 25.24[5][b] of such law, which indicates the person has consumed alcohol) is requested to submit to a chemical test, the police officer shall inform the person that the privilege to operate a snowmobile shall be immediately suspended for refusal to submit to such chemical test, whether or not the person is found guilty of the charge for which he or she was arrested. If the person thereafter refuses to submit, the test shall not be given unless a court order has been granted pursuant to section 25.24(7)(d)(4) of such law. The arresting police officer shall cause to be made a written report of such refusal on a form provided by or acceptable to the commissioner, verified as provided by law (Report of Refusal to Submit to Chemical Test-- Snowmobile). No report shall be made if there was a compulsory test administered pursuant to section 25.24(7)(d)(4) of such law.

(d) Upon arraignment. Upon the arraignment of the defendant, the police officer shall present to the court copies of the report of refusal to submit to chemical test. The police officer shall bring his or her own copy of such report to the refusal hearing at the location and on the date and time specified in the temporary suspension and notice of hearing form provided by the court.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 139.2