rocket scientist are you?
When stopped by a traffic cop or any cop when youre driving a motor vehicle ALWAYS be circumspect and youll find yourself better off. They have a lot of leeway as to how to react to circumstances and you can avoid possibly being arrested even when deserving it (frankly you sound to me like you usually deserve the handcuffs). The prospect of being polite and maybe or maybe not getting ticketed versus being hauled off to jail and having car impounded and spending mucho money for expenses and hassles always is a no brainer unless of course you have no brain, in that case keep on keeping smart answering to cops.

khorne55 said:Does this also apply for traffic stops?

"You are not required by law to answer any questions from the Police or district attorney unless you have an attorney present and they advise you to do so. Offer the Police your Legal Rights card which lets them know you are not willing to answer any questions unless you have an attorney present"

I hate it when they ask me questions like "where are you going" like its any of their business. I've thought about saying "to see your wife, she is waiting on me now". "Do you know how fast you were going?" uhh, no, but I bet you do.

Tell me when you do this!

I want to be there when he writes you every ticket for any possible thing he saw you do, then when you argue with him, I can see him arrest you for disorderly conduct and haul you away and then impound your car.

But of course I guess you'll have the last word, even though it will be to bubba in the cell!

Hay you can always bring your card and read it to the judge to!

khorne55 said:Does this also apply for traffic stops?

"You are not required by law to answer any questions from the Police or district attorney unless you have an attorney present and they advise you to do so. Offer the Police your Legal Rights card which lets them know you are not willing to answer any questions unless you have an attorney present"

I hate it when they ask me questions like "where are you going" like its any of their business. I've thought about saying "to see your wife, she is waiting on me now". "Do you know how fast you were going?" uhh, no, but I bet you do.

I believe, and I could be wrong, that the right to an attorney, not to answer questions, etc., only applies to when you are being charged and/or arrested with a felony. Most traffic stops are simple misdemeanors--if that.

And they ask those sort of questions as way to determine if you have been drinking/doing drugs, if you are being evasive, etc. It's a simple enough trick to help weed out the "bad" guys from the people who just screwed up and were driving too fast, ran a stop sign, etc.

bam66 said:khorne55

My hubby hates cops too. He is waiting for one to ask him to take a breathalizer (sp?). He does NOT drink alcohol at all. He is a carpenter so not always the "best dressed" and has a beard. It seems with tools of the trade in the vehicle the cops all seem to assume that there are drugs or alcohol in the car. He also feels it is his right to NOT wear a seatbelt (Boy, have we argued over that one) but has not gotten a ticket for that yet.

When I get stopped by a cop I'm just terrified. No reason but I'm ready to cry. Maybe it's the thought of having to spend money on a ticket that frightens me.

What do you mean "He is waiting for one to ask him to take a breathalizer (sp?)."

If he doesn't like in my state your license is ther forth suspended right then without delay!

Oh and driving is considered a privilege NOT A CONSTITUTIONAL RIGHT like many think!

I've been arrested many times. I've also been let go many times. I don't know your individual situation, so talk with your attorney. Based on if you are doing nothing wrong, or if you know you are guilty, you still have rights. This is not legal advice, but general advice. Here's what you do:

(Basically if you are a FatWalleter, you are all set since you have the "common sense" to make it through a stop, arrest, jail, plea, sentence, and appeal)

1. Be respectful. Police hate it when you say "mam" or "sir", so just respond "Officer" (blue shirt) or "Lieutenant" (white shirt).

1a. Don't ask why you were stopped. You have a right to know, but now is not the time.

1b. You have to tell the officer your name, and in certain locations, OR if driving, show I.D. Do this A.S.A.P. without arguing. If you know you have a warrant out for your arrest, let the officer know, he will be more FORGIVING.

1c. The cop will run your I.D. through the N.C.I.S. system. It is NOT the same as a civilan background check. All your past arrests, even if found not guilty, dismissed, or nolle prosequoi, will show up. So will all of your past addresses and (if you have multiple licenses concurrently in different states, I have, no big deal, even if they are all still "valid") If you have been stopped previously (within a few weeks) and let go, THAT WILL STILL SHOW UP. I personally have had the police say "Oh, I see you were pulled over on XX/XX/XX in XXXX City" What were you doing there?" (You have the right to remain silent if confronted with such a statement. You respond with "My lawyer says N.C.I.S. is just a database and subject to human error. I must speak with him before discussing the details further.") N.C.I.S. is a "smart" database; it will let the cop know A LOT about you (and who lives at your address) and your vehicle (like if the previous owners were drug dealers, criminalsm etc). If you want to know more specifics, google "NCIC 2000" or "NCIS 2000". It's scary, intimidating, but learn about it. It might help you out in the future, even if you are TOTALLY INNOCENT. The police DO MAKE MISTAKES, and often.

2. Never admit or say anything incriminating.

2a. If asked how fast you were going, the best answer is either "I was following traffic, but I thought I was under the limit". Same advice about running a red light or stop sign: "In my judgement, the light was green" Never say "Oh, it was yellow". If confronted futher, remain silent. Play dumb, ignorant, or whatever. Just say as little as possible, or better, nothing at all.

2b. If asked to search your car, and you have contraband (drugs, guns), say "I don't consent. I need an attorney to answer any more questions." Certain states have laws where the cop has to have you sign a form for consent. NEVER DO SO WITHOUT YOUR LAWYER PRESENT. Same applies to your home (real estate). If an officer bangs on your door, don't open it. Tell him he can only come in, and/or question you if he has a SEARCH WARRANT SIGNED BY A JUDGE. If he does, he'll knock down the door anyways. If he doesn't, tell him to leave. (Personally, I've had cops knock on my door. I asked them if they had a search warrant. They said "no". I told them I was not answering any questions and to leave immediately. THEY DID. It was a "noise complaint"... but hey, you have rights, too.)

2c. If asked to take field sobriety tests, say "My lawyer says I must decline, but I'll take a breathalyzer at the station." and say no more, especially if you are DUI'ing it. (Most states have severe penalties if you refuse the breathalyzer, moreso if you were convicted of DUI/DWI, *Unless its your second or more offense, or it involves manslaughter/vehicular assault, or its double the legal limit in certain states... See...that's why I said you need a lawyer, especially if it is serious. But a simple DUI/DWI... don't refuse.)

2d. If asked where you are coming from or going, say "My personal life is private, I don't wish to talk about it." If still asked, say "I'm in an affair, I have to keep it personal", or "I am going to assert my right to be silent". The officer will HATE this response, but you HAVE to remain silent; since now he will be VERY suspicious.

2e. If asked any further questioning say "I have the right to remain silent, and I wish to do so", and KEEP SILENT.

2f. If unsure, say "I am confused about my rights. I am indigent, cannot afford an attorney, but must assert my right to one before proceeding."

2g. If you are 100% sure you aren't doing anything illegal, then "consent" to the search, but later report the officer if you think he was profiling or stopped you for no reason. Do not bring this up at the time of the stop.

3. After the stop, gather any and all evidence, and take your own notes: Time, intersection of the stop, whether the officer was alone or with others, names of any witnesses, if you have a digital camera in the car take pictures, if you have a microcassete recorder, record what the cop says (if this is legal in the jurisdiction),

3a. Remember: The badge number and name of the officer will be listed on the ticket, so don't ask for it, it just pisses them off.

4. Don't be intimidated if the officer threatens to arrest/detain/jail you. AFTER you are arrested, your MIRANDA rights kick in; not before. Plus, if its a minor offense, jail is not a big deal. After local lock-up at the police station (which sucks) at County Jail you get hot food, a private shower, clean uniforms, a right to a lawyer, bond review, and a judicial hearing, books (you'll do a LOT of reading), and most of the other prisoners are in the same situation... they'll be nice unless you hurt a kid or are in an opposing gang.

4a. Remember: If in jail, save and hide your toilet paper, soap, pens, paper, stamps, sugar and salt packets, and call someone on the outside (It's pretty much common sense.)

Most of the time, the cop has already made the descision whether to "arrest" / bust you... so anything you say can and WILL be used against you in court.

The best advice is to speak as little as possible; remain as anonymous as possible, and not to talk your way out of it (it will only make things worse if you *try to talk your way out of it, unless, your immediate family member is an officer, judge, sherrif, or prosecuting attorney. Even then it is a breach of ethics for both the officer and you.)

Some good advice here, thanks!

1. Be respectful. Police hate it when you say "mam" or "sir", so just respond "Officer" (blue shirt) or "Lieutenant" (white shirt).

Oh that is the biggest load of horse crap I have ever heard! Not all ranking officers wear different color shirts either.
The cop will run your I.D. through the N.C.I.S. system. It is NOT the same as a civilan background check. All your past arrests, even if found not guilty, dismissed, or nolle prosequoi, will show up. So will all of your past addresses and (if you have multiple licenses concurrently in different states, I have, no big deal, even if they are all still "valid") If you have been stopped previously (within a few weeks) and let go, THAT WILL STILL SHOW UP. I personally have had the police say "Oh, I see you were pulled over on XX/XX/XX in XXXX City" What were you doing there?" (You have the right to remain silent if confronted with such a statement. You respond with "My lawyer says N.C.I.S. is just a database and subject to human error. I must speak with him before discussing the details further.") N.C.I.S. is a "smart" database; it will let the cop know A LOT about you (and who lives at your address) and your vehicle (like if the previous owners were drug dealers, criminalsm etc). If you want to know more specifics, google "NCIC 2000" or "NCIS 2000". It's scary, intimidating, but learn about it. It might help you out in the future, even if you are TOTALLY INNOCENT. The police DO MAKE MISTAKES, and often.

This in not entirely true. Simply running your ID does not show all this information. The officer has to run what is called a criminal history to show all the information you mention. Also NCIC does not track a stop that does not result in a ticket/charge or arrest. You are quite mistaken in a lot of your information.

I could type more--but you OBVIOUSLY have more experience being arrested than I do. I was a dispatcher though and I do know what information is r'cd for a simple license check vs. what is r'cd when a criminal history is ran. They can also run just a simple driving history--completely seperate from your criminal history.

A lot of your information is half arse or just plain incorrect!

There are websites out there that will do a better job of explaining all this than a FW thread can.

cool thanks