Speeding Ticket

[FN FAL]

I think that as part of getting a license you should give the right to a consent search of your car as you do when it comes to taking a breathalyzer .

Uh...thanks to the 4th amendment, that will never happen. Vavso, have you ever heard of "incorporation"? And I don't mean when someone goes down to their lawyer's office and sits down and discusses filing incorporation papers.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

 

[sqwkvfr]

wonder what would happen if I didntpay it and moved back to Long Island ?

The State of Mississippi will notify the State of New York of your unpaid fine (and bench warrant) and the State of New York will suspend your driver's license.

 

[satpak77]

moral of the story

is

never give consent

never give a statement

if arrest is likely (only you know this) ask for lawyer immediately

Note that most states the DWI "field tests" performed by the officer, while you are near your car (walk this line, say the alphabet backwards, etc) are VOLUNTARY tests. Most "blood" or "lab" tests can be taken without consent (altho you will have to be arrested and transported to the hospital for this, unless you volunteer for this), per the states Driver License laws that typically state that to hold a DL, you are automatically agreeing to such blood tests.

Consult your attorney and local state laws, but the above applies in most cases

don't be a d1ckhead about it, be the nicest kindest guy about it, just a swell guy, but make sure you decline the above things

 

[FN FAL]

is

never give consent

never give a statement

if arrest is likely (only you know this) ask for lawyer immediately

Note that most states the DWI "field tests" performed by the officer, while you are near your car (walk this line, say the alphabet backwards, etc) are VOLUNTARY tests. Most "blood" or "lab" tests can be taken without consent (altho you will have to be arrested and transported to the hospital for this, unless you volunteer for this), per the states Driver License laws that typically state that to hold a DL, you are automatically agreeing to such blood tests.

Consult your attorney and local state laws, but the above applies in most cases

don't be a d1ckhead about it, be the nicest kindest guy about it, just a swell guy, but make sure you decline the above things

Our state attorney general took the refusal route, instead of taking the breathalyser.

She ran a state vehicle into a ditch and state police investigated. She took her lumps on the implied consent side of the equation, by refusing the breathalyser. I doubt she did the field sobriety test.

Interesting to note, when you refuse or are cited for DUI, they give you a pink piece of paper which they will call a "Reciept" for your drivers license. In actuallity, it's a notice to suspend, in the case of a DUI arrest. In the case of refusing, it's a notice to revoke. If you look on the back of the pink slip, it tells you that you have so many days to seek a hearing in order to keep your real license untill you are convicted.

 

[KlingonLRDRVR]

Asuming you have not yet paid your ticket, I recommend you call the court administrator number on your ticket and ask for the prosecutors office number and talk to the assistant county or city attorney who would represent the officer in a speeding trial. Be straight up with him and explain how you have a clean record and how this speeding ticket does nothing to help in getting hired. Ask him if he would be willing to do a "continuance for dismissal" for a six month period of time providing you do not have ANY moving violations for that period of time. Offer to pay the fine amount or even more as a costs of prosecution fee. He just may do it to give you a break for asking and being polite. Being a pilot and a prosecutor I've done this numerous times for small "screw ups" for students in "cops school", millitary home on leave, student drivers still on thier parents insurance ect. ect... Just explain your situation, be polite and don't BS him it may just work... Good Luck

KlingonLRDRVR

 

[sqwkvfr]

but make sure you decline the above things

(The following is regarding refusing to do Feild Sobriety Tests (FSTs))

You'll be forcing the officer to make a decision on whether to arrest you based on what he's seen up to that point.

Keep in mind that the observations made during the vehicle in motion and pre-arrest phases of the stop are what gets a conviction. Those FSTs are greek to a jury..I mean you might as well be speaking alien.

BUT, juries understand things like watery, bloodshot eyes, slurred speech, swerving, reeking of booze, running a stop sign, turning from the wrong lane, failure to accept the right of way, unzipped pants, driving in the area of the road commonly used for parking, disheveled clothing and hair, the "thousand yard stare," forgetting to hand over one or the other when asked for a DL, registration and POFR, and things of that nature.

If you refuse to do those tests, you might very well be denying yourself the opportunity to exonerate yourself of being impaired. Keep in mind that most DUI officers are experienced enough to have built a pretty convincing case within the 3 minutes after you've been stopped.

Ever have an officer stop you and ask for your driver's license and then, while you're in the middle of digging out your DL, he then asks for your POFR and registration? How you respond to that request is actually a concealed FST wherein your attention must be divided in order to remember to had over your reg. and POFR. If you just hand over the DL and forget the rest, you've failed that test.

Keeping this in mind, IF you've been drinking and IF you get pulled over and IF you think you're OK, and IF you refuse to do any FSTs, you'll be forcing the officer on scene to make a decision based on what he has observed and your actions up to that point.

....you most likely won't like the result.

I've made over 250 DUI arrests. I ran probably three to four times that number through at least an abridged battery of FSTs only to discover that evidence to arrest then didn't exist. I let 'em go.

ALSO, if you roll your window down a half inch and slide through your DL and your ACLU "bust" card, the officer will see that as a challenge, and as you can well imagine, these guys running around dealing with the scum of society are a tenacious pack. (read: you've screwed yourself)

Be careful out there.

 

[soarby007]

Most drunks don't admit they are drunk and willingly agree to do anything to prove the officer wrong. Rational thinking isn't in the equation.

 

[FN FAL]

Most drunks don't admit they are drunk and willingly agree to do anything to prove the officer wrong. Rational thinking isn't in the equation.

Define drunk.

 

[dmspilot00]

Ok, all of the states need to change the signs, ASAP. New signs will read "Speed Advisory, 65" or "Speed at Drivers Discression" or "Speed About 65".

There wouldn't be a problem if speed limits weren't set so artificially low, which they almost always are. When speed limits are set, they determine an average safe speed, and make a prediction of what speed most people will drive at, and then set the speed limit much lower. One reason for this is so that they will make more money off of speeding tickets.

And no, people will not automatically drive faster if the speed limit is raised. Raising speed limits 10 mph causes an increase in average speed of only 3-4mph. In addition, accident rates sometimes decrease when the speed limit is increased.

 

[sqwkvfr]

Most drunks don't admit they are drunk and willingly agree to do anything to prove the officer wrong. Rational thinking isn't in the equation.

In that case, the "drunk" fully deserves what he's about to get.