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Old 09-01-2014, 01:06 PM   #19
Banshee
Institutionally Insane
 
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Drives: 2013 IOM 2SS/RS 1LE
Join Date: Feb 2009
Location: Detroit MI
Posts: 2,115
Quote:
Originally Posted by JTruck View Post
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.
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