Legal Corner

You go granny...
mrfisher 115 Reviews 8941 reads
posted
1 / 12

Many of you have probably seen this on the internet already, but I'm not that interested in the question of whether or not the cop was right to zap her.  (She certainly seemed to be asking for it but then, did he really have to?)

What I am interested in, is the mention that the cop wanted her to sign her ticket.  

To the legal beagles out there:

Doesn't that seem like a violation of the Fifth Amendment?

Can a cop use threat of arrest as an inducement to sign something?

This could have ramifications for our hobby, perhaps.

(Click link.)

(still not a lawyer)

cathyb 8306 reads
posted
2 / 12

About 30 years ago, I was in a horrible car wreck & Had a life threatening injury, AS I lay in the ER hospital  bed  with 9 broken bones & bleeding internally & barely concious, The cop came over to me & handed me a ticket to sign "agreeing I was at fault for this wreck", I refused as I said It did not happen that way & he needed to speak with the multiple witnesses, He had only spoken to the other driver. He then threatened "if I did not sign the ticket I was going to jail"  I signed the ticket as I clearly would have died If I was "moved"
after 3 weeks in the hospital  
In the end, I was found NOT at fault & the ticket dropped.

mrfisher 115 Reviews 5290 reads
posted
3 / 12

It appears this happens a lot.

My question is whether it is unconstitutional.

Treatment like you got ought to be exposed so the public can know and condemn the bastards for treating you that way.

cathyb 7083 reads
posted
4 / 12

Thank you, Yes It is  cruel regardless.


vonrichtofenlas 15 Reviews 6264 reads
posted
5 / 12

...is merely a promise to appear to answer the alleged infraction. In short, you are bailing yourself out on your own signature.  Refusing to sign the citation is a clear invitation to handcuffs, a tow truck for your car, and a ride to Booking.  
Like it or not, an officer has the clear option to cuff, tow, and book at almost ANY time in lieu of a citation.  Yeah, he has to answer to his boss about the amount of time he spent (wasted?) doing that, but if you do not cooperate with the cop, a simple traffic ticket can become a trip to the local cross-bar hotel.  
The woman in the video loses control of herself, becomes confrontational with the cop and invites exactly what happened to her.  Unfortunately, the cop does not have the option at that point to say 'oh gee, never mind.'  
MVR

mrfisher 115 Reviews 7099 reads
posted
6 / 12

It would seem rather unconstitutional to have the threat of arrest held over me as coersion.

Also, does signing the citation offer any evidence of my confessing to the charge?

(still not a lawyer)

aloral 6 Reviews 6923 reads
posted
7 / 12

...just means you are promising to appear.  In my two encounters with police, they explained clearly that I was not admitting guilt on the charge.  You are NOT confessing.

cathyb 7817 reads
posted
8 / 12

I & most good citizens would have no problem agreeing to appear. I know I was under the impression it was an admission of guilt by merely signing. I was only a teen & had never received a ticket & to this day no other traffic tickets.

Goodness gracious, A person  seriously injured  organs were shutting down,bleeding internally & 9 broken bones  (crushed pelvis & left leg broken in 3 places).  Some jerk cop should have explained rather than threatening taking to jail.

no wonder a bad taste for cops

vonrichtofenlas 15 Reviews 6760 reads
posted
9 / 12

...if he happens to be a pax in your car!  Otherwise you can refuse to sign it and your lawyer can advise you when he visits you with a Bondsman to get you out of jail.  Then he can give you a ride to the Impound Lot where you can pay to have your car released back to you.  

Every time I've been cited for a traffic violation the officer has made it clear that signing is merely a promise to appear in court or otherwise dispose of (pay) the citation.  

For the record, a cooperative attitude has gotten me far more warnings than citations and some of the few citations issued were reduced from what they could have been (two were reduced to non-moving violations for 'Wasting Energy') another was cited as 70 in a 65 instead of the 84 he clocked me at (big difference in fine).  Sure, if Vice confronts you coming or going to a date, STFU and ask for a lawyer, but a traffic cop thats already timed you on radar has all the aces and you best be civil if not courteous and most assuredly cooperative.

MVR

GaGambler 7625 reads
posted
10 / 12

If all your pleadings, arguments, begging etc have failed and the cop is still writing you a ticket, your only choice is to STFU and accept the ticket. If you really feel it was undeserved, fight it in court.

Traffic tickets are a nuisance for most of us, nothing more. Turning a traffic ticket into high drama is just plain stupid. It's just not worth it, and once the ticket is written there is nothing more to be gained by arguing. I don't think that stupid people should be granted a pass, even if they are old and feeble. Stupid is still stupid and obnoxiously stupid is even worse.

boatday 2 Reviews 7868 reads
posted
11 / 12

Unless there is a state staute that says refusal to sign a ticket results in an arrest than there is no probable cause to arrest unless the underlying cause requires it.

There is no right to use physical harm unless health of the officer is in question.  Resisting can lead to that, but give me a break.  They should give fair warning and call in backup b4 zapping the old lady.  The guy was trigger happy.

Balboa7 69 Reviews 6251 reads
posted
12 / 12

When you are stopped for a traffic violation you are technically under arrest.  When you sign the citation you are promising to appear.  In other words you are being released on your own recognizance. You can choose to be booked and bail out if you choose not to sign the citation. The probable cause is when the officer observes the violation.  Everyone in he legal profession including the ACLU and those who believe in the rule of law strongly advise to cooperate with the police.  If you disagree you have the right to take your case to court.  The police can only use enough force to overcome the resistance to take a person into custody or restore order.  If you mouth off then that wouldn't in and of itself warrant a taser.  However, in reality the police use excessive force quite often but proving the force they used was excessive is very difficult to prove unless it is blatant and on video.

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