Smiling about my ticket

[JTruck]

Originally Posted by el ess A

Does that document even exist anymore?

Most of the time, all you need to tell them is your name. Then SHUT UP. Unless you have to tell them "no, you may not search my car" or "no, I do not consent to any search beyond a patdown for concealed weapons" (if that law applies). And most importantly, "Am I under arrest? And if not, can I go now?"

99% of the time, it's the people that can't or won't shut up, or get out of hand are usually the ones that end up in worse trouble.

Of course, it's always best to remain cordial and polite, as the police are often just doing their jobs. However, you need to know your rights and local laws, and exercise them at your pleasure if you so choose. This is why I think it's best to get to know your local law enforcement and work together to keep the streets safe. But there's always those John Wayne's out there that always want to push it, on both sides.

I work for a police department and wholeheartedly believe in each individual's constitutional rights. I agree with you there are bad fish on both sides of the pond, as with anything.

[Rocky1974]

Originally Posted by satxrider

So today I got a ticket for doing 11 miles over the speed limit and when the officer finished writing it out he asked something like "you don't look upset about the ticket? It looks like you have a pretty clean record". My reply "yes I was speeding, I'm just glad I had slowed down when you saw me because I was going MUCH faster than that."

I didn't tell him but I had just overtaken another SS and a Mustang GT that were going at it, and had just dropped out of the triple digits about 1 minute before. So yeah, I took the ticket with a smile on my face. I'll give the ticket to an attorney and keep my record clean or may just take the on-line defensive driving course and have it removed. Either way, it will cost me about $100. Could have been worse.

I've had that happen also. I got pulled over in Arizona a few years ago for 65 in a 55. I had just been doing 90 a few minutes earlier. The trooper wanted to know what I was doing in Arizona. I told him that I was working in the area and I told him how beautiful I thought Arizona was and how hard it was to drive 55 in all those wide open spaces. The next thing I know, he's got my atlas and pointing out where all the really scenic drives were. He ended up letting me go with just a warning. I think the attitude you've got when you get pulled over makes all the difference.

[URBAN LEGEND]

Everything you say can and will be used against you.


Notice that nowhere in there does it say it can help you. So why talk?

[Dmpsix]

Originally Posted by satxrider

So today I got a ticket for doing 11 miles over the speed limit and when the officer finished writing it out he asked something like "you don't look upset about the ticket? It looks like you have a pretty clean record". My reply "yes I was speeding, I'm just glad I had slowed down when you saw me because I was going MUCH faster than that."

I didn't tell him but I had just overtaken another SS and a Mustang GT that were going at it, and had just dropped out of the triple digits about 1 minute before. So yeah, I took the ticket with a smile on my face. I'll give the ticket to an attorney and keep my record clean or may just take the on-line defensive driving course and have it removed. Either way, it will cost me about $100. Could have been worse.

Cost you a $100???

My ticket cost me like $250 for going 15 over and that's with attorney fees too.

[Banshee]

Originally Posted by JTruck

You sir are misinformed about your constitutional rights.

5th amendment is self incrimination...IE CRIMINAL law. 5th amendment doesn't apply to a civil infraction. You have the right to say you were speeding or the right to deny. Can your admittance be held against you with an honest cop? Yes. But why would you admit to anything? You can remain silent, you don't have to answer any questions other than provide your credentials. But the 5th amendment isn't triggered in civil situations such as driving....remember, driving is a privilege, NOT a right!

5th amendment is triggered when a criminal misdemeanor or felony traffic law has been violated AND the person is detained is being interrogated AND in custody.

If a police officer stopped me for doing 11 over and he asked for the license, reg and insurance...I hand them over. He comes back with a ticket, and then I admit to going much faster? That's just plain stupidity. Officer now goes back to amend his ticket notes with your smart ass statement and when it comes time for any leeway or knocking it down, better bet if he wanted to...he would say so.

Traffic classes are not a given to reduce the points/fine. The magistrate AND the officer have to agree on this. Lets say the officer only wrote you for 11 over, yet gave you a break? Say he clocked you at 24 or 34 over yet didn't tell you? Just being a nice officer...gave you a huge break cause maybe he was young once and did the same thing or owns a Camaro...You never know.

Admitting you were going faster is just plain stupid.

[JTruck]

Originally Posted by Banshee

5th amendment is self incrimination...IE CRIMINAL law. 5th amendment doesn't apply to a civil infraction. You have the right to say you were speeding or the right to deny. Can your admittance be held against you with an honest cop? Yes. But why would you admit to anything? You can remain silent, you don't have to answer any questions other than provide your credentials. But the 5th amendment isn't triggered in civil situations such as driving....remember, driving is a privilege, NOT a right!

5th amendment is triggered when a criminal misdemeanor or felony traffic law has been violated AND the person is detained is being interrogated AND in custody.

If a police officer stopped me for doing 11 over and he asked for the license, reg and insurance...I hand them over. He comes back with a ticket, and then I admit to going much faster? That's just plain stupidity. Officer now goes back to amend his ticket notes with your smart ass statement and when it comes time for any leeway or knocking it down, better bet if he wanted to...he would say so.

Traffic classes are not a given to reduce the points/fine. The magistrate AND the officer have to agree on this. Lets say the officer only wrote you for 11 over, yet gave you a break? Say he clocked you at 24 or 34 over yet didn't tell you? Just being a nice officer...gave you a huge break cause maybe he was young once and did the same thing or owns a Camaro...You never know.

Admitting you were going faster is just plain stupid.

In all states, a speed over 100MPH (it's usually 20MPH over posted or reasonably prudent) in addition to the racing are both criminal charges. (This is what the OP was doing) Both can result in being arrested, booked and your car towed and jail time or fines dependent on the judge. So yes, I know what the 5th amendment states, and what was being performed was criminal, so it very much applies.

When a traffic stop has been initiated you are detained, according to California v. Beheler a person limited in their freedom of movement is considered to be in-custody meeting that requirement of Miranda. Does he have to be read his Miranda rights? No. He hasn't been arrested yet and an investigation is on-going. But the 5th amendment still applies prior.

So my earlier statement about the 5th amendment very much applies to this specific situation.

[notmidlife]

I have never received a speeding ticket that was not deserved and feel fortunate for the thousands of times I have not been caught. OP great attitude!

[HookemHorns]

Triple digit speeds...smart.

[satxrider]

Originally Posted by Dmpsix

Cost you a $100???

My ticket cost me like $250 for going 15 over and that's with attorney fees too.

If I just pay the fine, it will be over $250. If I take defensive driving it looks to be $138. If I pay an attorney friend to get it reduced to a 30 day probation it will be $100.

[satxrider]

Originally Posted by Banshee

5th amendment is self incrimination...IE CRIMINAL law. 5th amendment doesn't apply to a civil infraction. You have the right to say you were speeding or the right to deny. Can your admittance be held against you with an honest cop? Yes. But why would you admit to anything? You can remain silent, you don't have to answer any questions other than provide your credentials. But the 5th amendment isn't triggered in civil situations such as driving....remember, driving is a privilege, NOT a right!

5th amendment is triggered when a criminal misdemeanor or felony traffic law has been violated AND the person is detained is being interrogated AND in custody.

If a police officer stopped me for doing 11 over and he asked for the license, reg and insurance...I hand them over. He comes back with a ticket, and then I admit to going much faster? That's just plain stupidity. Officer now goes back to amend his ticket notes with your smart ass statement and when it comes time for any leeway or knocking it down, better bet if he wanted to...he would say so.

Traffic classes are not a given to reduce the points/fine. The magistrate AND the officer have to agree on this. Lets say the officer only wrote you for 11 over, yet gave you a break? Say he clocked you at 24 or 34 over yet didn't tell you? Just being a nice officer...gave you a huge break cause maybe he was young once and did the same thing or owns a Camaro...You never know.

Admitting you were going faster is just plain stupid.

I think your assuming I was being a smart ass about it. I was polite and the fact is that he can only ticket me for what was observed. The ticket was already written out and I had already signed for it. I have no grips for getting ticketed. I was speeding and I will pay for it, no big deal.

[DDoug]

Originally Posted by JTruck

I work for a police department and wholeheartedly believe in each individual's constitutional rights. I agree with you there are bad fish on both sides of the pond, as with anything.

Last time I was pulled over I just said, "Sorry, Sir." About 5 times.

Until he asked, "Do you want a ticket?"

"No, Sir."

He let me go ... with "I'll remember your car."

No problemo ... I can remember yours too!!

[CruisingSpeed]

Originally Posted by JTruck

In all states, a speed over 100MPH (it's usually 20MPH over posted or reasonably prudent) in addition to the racing are both criminal charges. (This is what the OP was doing) Both can result in being arrested, booked and your car towed and jail time or fines dependent on the judge. So yes, I know what the 5th amendment states, and what was being performed was criminal, so it very much applies.

When a traffic stop has been initiated you are detained, according to California v. Beheler a person limited in their freedom of movement is considered to be in-custody meeting that requirement of Miranda. Does he have to be read his Miranda rights? No. He hasn't been arrested yet and an investigation is on-going. But the 5th amendment still applies prior.

So my earlier statement about the 5th amendment very much applies to this specific situation.

Shiiiit I would go to jail everyday traveling 80 in a 60. Happens everyday on the way to work, never any traffic, no homes, and no curves.

[The Blue Angel]

This past January I got ticket for doing 85 in a 55. Open road, open throttle!! Then I see a cop sitting in the median. CRAP!!!!!!!!!! 30+ in Florida is a Mandatory court appearance. Waited 2 weeks to set a court date. I had 30 days to do so. My court date was set for April 1st.

So I show up to court. An hour later my name was called. I approached the podium. The judge asks me, "what do you plead?" I said, "no contest, your Honor". He then said, "Ok, see my clerk." So I go over to the clerk and asked if there was any points. She replied, "nope." I took the paper and proceeded next door to pay the fine. Which the judge gave me a reduction of $50!!!!