法律英語導(dǎo)讀(7)

The Questionable Legality（合法性） of Loitering Laws

　　Many people argue that police officers use loitering laws to clear neighborhoods of "undesirables." Some courts have held loitering laws to be unconstitutional （不合憲的，違憲的）on the grounds that they are enforced discriminatorily（歧視地） against poor persons and ethnic minorities（少數(shù)民族） and that they unduly 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 Offense（交通違章） Said That I’d Be Arrested if I Didn’t Supply Identification. Is This Legal?

　　Yes. Traffic offenses such as speeding（超速） and unsafe lane changes are generally classified as "infractions（違章）," for which drivers are given citations in lieu of arrest. However, an officer has the right to demand personal identification—usually a driver’s license and the vehicle registration. 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 （酒后駕車）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 solely 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.）