Seeking legal advice..

[Super_X]

Go to court, man.

Oh and also, "Stop driving like a douchetard."

Seriously.

[trust]

Unfortunately, at least here, that's not how it works.  Generally the judge doesn't have any power; what happens is that we would go to arbitration, and the officer would have to show up and tell the arbitrator what happened.  The arbitrator could do worse or do better for you, but you'll probably have zero standing with him (partly because it's a waste of his time, partly because you've got a lot less credibility than a cop).

When I had my ticket, the cop that pulled me over told me I'd be better off going to court because most likely it'd be reduced or dropped. I didn't want my parents insurance going up, so I went to court. It was a 10 minute ordeal, and not very much stress was involved. My speeding violation was reduced to "faulty equipment" which is a non-moving violation so I had no points on my license and no increase to my insurance. I paid $140 (fine+court costs) and was on my way.

[CrAz3D]

I have enough points on my license that it'll be suspended if I do.

Not to mention I don't like handing out $198.60 for something I didn't really do.

$198.60 for a speeding ticket...I wished I lived there.  I paid $300 for my last speeding ticket, as well as $285 for my last five 'loud exhaust' tickets

Loud exhaust tickets?!  And here I am thinkin about cutting two of my 6 cats and my muffler  ;D!

[Joe]

Can we stay on topic, here? And I'm not worried about the fine, that's just icing on the cake -- I need to keep my license.

rabbit, the violation of my license restriction would be a different ticket and a different case, wouldn't it? Or is this cause it's a civil case, not a criminal, or something like that?

[rabbit]

No, because all the same case.  You'd have to be on trial somewhere else where the fact that you have a restricted license was crucial.

[MyndFyre]

Not to mention that you waive the 5th amendment right when you TELL THEM SOMETHING.  That's where Miranda "You have the right to remain silent" comes from; the 5th amendment is the right to not incriminate oneself.  If you choose to speak then you waive that right.

[Joe]

No, because all the same case.  You'd have to be on trial somewhere else where the fact that you have a restricted license was crucial.

That doesn't answer the original question though -- can the judge look at my license and notice I have a restriction on it, and cite me then and there, after the fact, even though the cop didn't notice it that night?

Not to mention that you waive the 5th amendment right when you TELL THEM SOMETHING.  That's where Miranda "You have the right to remain silent" comes from; the 5th amendment is the right to not incriminate oneself.  If you choose to speak then you waive that right.

I read up a bit after posting. Apparently your right to silence is all or nothing? Like, if they ask you one question and you answer it, and then another you don't want to answer, you've waived your right to silence?

[iago]

I read up a bit after posting. Apparently your right to silence is all or nothing? Like, if they ask you one question and you answer it, and then another you don't want to answer, you've waived your right to silence?

No, you can agree/refuse to answer any number of questions. Watch more Law & Order. :)

[Joe]

Whenever I'm out with a certain friend of mine, he always comes up with a bad idea and he says "I saw it work in a movie once! Let's try it!". I sort of want to hit him every time he says that.

But on the other hand, I do indeed love Law and Order.

[while1]

I've always wanted to say "I plead the 5th" in its actual legal context... but yeah, you can exercise your 5th amendment right for any question you're asked.

[MyndFyre]

I've always wanted to say "I plead the 5th" in its actual legal context... but yeah, you can exercise your 5th amendment right for any question you're asked.

But, and this was my original meaning, once you've told them something, you can't go back and be like "Oh I want to go 5th amendment on you now holmes."

[Warrior]

I've always wanted to say "I plead the 5th" in its actual legal context... but yeah, you can exercise your 5th amendment right for any question you're asked.

But, and this was my original meaning, once you've told them something, you can't go back and be like "Oh I want to go 5th amendment on you now holmes."

in joes case you can say the interrogator shoved a broomstick up his ass to extract the evidence


cmon joe we know it happened

[iago]

Whenever I'm out with a certain friend of mine, he always comes up with a bad idea and he says "I saw it work in a movie once! Let's try it!". I sort of want to hit him every time he says that.

But on the other hand, I do indeed love Law and Order.

Well, Law & Order portrays legal situations fairly accurately. The cops can lie to you, they will try to get you to roll over on your friends (often by telling you they already confessed), and they can't force you to answer any questions.

That being said, although a non-response can't be used against you in court, detectives will take a non-response as evidence that they're on the right trail. "Why did you have the shovel in your trunk?" "I refuse to answer" -- they'll then try and find a reason.

At any point, you can also say, "I'm not answering any more questions" or "I want a lawyer" and they have to respect that.

I've been watching Law and Order for the whole long weekend, so I know all the tricks! But we also learned this back in school. :)

[Joe]

Stupid question -- this isn't a Canadian law and order, is it? :P

[rabbit]

Stupid question -- this isn't a Canadian law and order, is it? :P

You're right, it was a stupid question.