They wrote the one armed lady a ticket for holding a phone in the hand that doesn't exist while driving. So yeah. It's gotten that bad.
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thats with a AI flock camera, she has grounds to sue, but unfortunately it just comes out of taxpayers pocket.
There was a SCROTUS ruling under Dump that ruled they don’t have to read you your Miranda rights.
“Shut the f- up” and always request a lawyer now, is the correct strategy, which seems a gift to bar associations.
Shit I didn't ever hear about this.
The Miranda warning isn’t required every time a police officer initiates an interaction with you.
For the Miranda rule to apply, a person must be in custody, meaning that they are “deprived of freedom of action in any significant way.” Routine traffic stops are usually not considered custodial.
For the Miranda warning to apply, a person must meet two conditions: 1) being in custody and 2) under interrogation. For example, if you are “un-Mirandized” and cuffed at the police station, blurting out a confession while you aren’t being questioned is admissible evidence in court because while you were in custody, you were not being actively interrogated.
Police are not required to read your Miranda rights before or during arrest. While some officers may choose to do so, they are only legally obligated to “Mirandize” suspects who are being questioned in custody.
they are filling a qouta, they dont care if is legit or not, just that have it on file.
They also don't care if you contest it and get it dropped.
Some cops have given hundreds of citations, the courts drop them all, and they STILL have a job.
This is why lawyers exist, and why the court room is the other part of the justice system.
Still bullshit you have to probably pay court and lawyer fees and waste however much time it takes to be detained and in and out of court.
If you're poor you're fucked either way. "oh after many stressful months they said I am innocent! As a prize, I owe anywhere from several hundred to several thousands of dollars to the state and/or my lawyer, just because this one jacakss cop was in a bad mood one day and didn't like my face, or the car I drove, or the way I wore my clothes, etc."
I have lost all faith or confidence in justice existing within this system. It is incompatible with the possibility of what you described.
While true, cops should have basic competence and not waste the courts time and the defendant's money.
So this is just to feed lawyers?
"I am not discussing what I have or haven't been eating or drinking. Am I being detained or am I free to go?" Field sobriety tests are always voluntary, but you might have to go to the station for a blood test.
If they continue to ask questions, "I am invoking my constitutional right to not answer questions. I won't be making any other statements without a lawyer present."
If they ask you to step out of your vehicle, you do have to comply. "I am complying and stepping out of my vehicle. I do not consent to a search of my person or property. Am I free to go or am I being detained?"
Never talk to the cops brought to you by Shut the Fuck Up Friday.
Field sobriety tests are always voluntary
~~It may not always be so simple. In my state (Georgia) there is "implied consent" (yes, disgusting term) to breathalyzers and refusing one gets your license suspended for a year.~~ This is after arrest actually, so it might be different.
In some states if you refuse a field sobriety test before they arrest you, you could lose your driver's license, potentially.
But once they've arrested you, I don't know of any state that would require the field sobriety test. Some states would require a regular test which would be done at the station or the hospital. Field sobriety tests are not reliable, so the cops are going to want to do a proper test that is more reliable. But whether these latter tests are required depends on the situation. And it's possible that the cops will get a court order requiring you to take one anyway, should you refuse.
In other words, field sobriety tests are designed to establish probable cause so that they can arrest you. But they aren't designed to prove beyond a reasonable doubt that you're DUI.
It's shit that you have to know exactly what to say in order to take advantage of your rights.
But one thing I should mention is not just to be careful not to say what you've been eating or drinking. Never tell the cops anything about yourself other than what is legally required. They often ask where you're coming from and where you're going, for example.
They often try to trick people into consenting to a search by phrasing an order as a question, and pretending like they were just asking a question. "Would you mind opening your trunk?" The response is "I do not consent to searches." I would also lock my door if I stepped out of my car. There are many situations where they can pretend you implied consent to search.
Depending on your habits, it might behoove you to opt for the station breath test. They can look at more than just alcohol in blood and pop you for weed or even legally prescribed adderall.
lmao first time meeting a cop?
sorry that happened to you and good luck. hire a lawyer and do not talk to the police. not one word, unless your lawyer tells you to say it.
I got arrested once before with a bunch of other people cause I went to my first protest. We were just protesting more fair wages and that the state become a union/ a non right to work state. I got they didn't read the miranda then because there was a shitload of us. But how come it is not illegal for them not to read it?
They only have to read it if they're going to question you as part of an investigation, and then only if they consider you a suspect or person of interest.
They don't have to read Miranda to witnesses, and any "spontaneous utterances" you make are evidence.
It's shut the fuck up Friday. There are five things you should ever say to police:
Is that a request or an order? I don't answer questions. I don't consent to any search. Am I free to go? I am exercising my right to remain silent.
If the officer gives you an order to do something, do it. Even if you don't feel it's a lawful order. The time for you to fight back is in court, not by yourself against someone with authority, a fragile ego, and a gun.
Edit: The last one, you must state that you are exercising your right to remain silent. Failing to do that and just saying nothing can and will be considered "confrontational," and you will be handled as such.
To expand on your edited bit, use those words exactly. Don't use slang or anything else. Explicitly invoke your right to remain silent and leave it at that. The supreme court rules that police "misinterpreting" when a guy asked "for my lawyer, dawg" as "for my lawyer dog" (which you don't have a right to) as reasonable. They will attempt to ignore your rights if they can. Also, IIRC, speaking after invoking your right to remain silent means you are no longer invoking your right to remain silent, so if you speak then you should invoke it again.
Do you really need to say those magic words before you're allowed to stay silent? You can't just not answer their questions?
Yes. It's exactly as described. Simply not answering, without explicitly claiming that right, is considered confrontational, and not an exercise of that right. You must explicitly exercise the right to remain silent.
In the briefest way, or for someone with limited English language skills, "Lawyer" should be enough, when accompanied by refusal to answer questions.
This guy shuts the fuck up
This is the advice that's consistent with what I've heard from several different lawyers.
There are lawyers who specialize in cases like this (search DUI lawyers and civil rights lawyers). I'd call one. You don't want to be stuck with a spurious DWI on your record.
There are five things you should ever say to police:
Is that a request or an order?
I don't answer questions.
I don't consent to any search.
Am I free to go?
I am exercising my right to remain silent.
Note that, outside America, the rules will be different. Even in Canada, rights are very different. Less beatings and shootings, but our Article 5 is nowhere near as powerful as the 5th amendment.
Did they blood test you? If yes, and you hit for weed in a lame state, still get a lawyer, but also good luck.
If you didn't get a blood test, get a lawyer, you'll get off. Like for sure. "I work there of course I smell like it, I don't even smoke I just like affording 'food' Your Honor. They can't prove I was high without that blood test. Rolling stop at best."
Breathalyzers are not admissible in court, btw.
Assuming a prosecutor takes this to court, they will have to provide evidence during the probable cause hearing. If it goes that far, it will get dismissed if there is no evidence. It's more likely that the prosecutor does nothing unless there is something they have unknown to you or you are not telling us something.
Miranda rights only apply if the police are asking you incriminating questions.
If you are being arrested and questioned theres actually never any advantage of demanding to be read your rights, I see a lot of people demanding the police read them their rights.
When the police read you your rights it protects the police not you.
If you are questioned and incriminate yourself there are two possibilities. They did not read you your Miranda rights, in which case almost any lawyer in the country can get that incriminating statement thrown out because you weren’t read your rights. The did read you your Miranda rights, in which case you are fucked, you were informed you didn’t have to answer but incriminated yourself anyways.
It is never in your interest to demand they read you your rights and you should never really be upset if they don’t. Either they don’t have to or they just fucked up to your benefit.
Miranda rights only apply if the police are asking you incriminating questions
I argue that all questions asked by police are potentially incriminating.
Agreed which is why the only words out of your mouth to a cop should be “I want a lawyer”
If you're in the US, in states I know of, at least, if you weren't taken back to the station and had another DUI test done and took two other chem tests such as blowing in their big machine (not that little roadside one), a urine sample, and\or a blood draw, then I doubt you're getting charged with DUI. The roadside breathalyzer and heel to toe bullshit is just stuff used as a precursor to your arrest and you don't even have to do either of those. The tests to take you to court and charge you are all done after you've been arrested and are at the jail. The testing back at the jail house is what you aren't allowed to refuse without losing your license. You don't have to do shit roadside and there's no consequences, despite the lying shit the cop will tell you. Not the lil breath test, or walking a line, or following the officers finger or nothing. All that can be refused. It's all just so the officer has standing for being able to arrest you. Before you're at the jail, you don't have to participate in ANYTHING that is trying to determine your sobriety.
As the top commenter said. Don't consent to search. Don't resist. Get out if asked to get out, but close and if possible even lock your door. Exercise 4th, 5th, and 6th. STATE that you're exercising your right to remain silent and not answer questions and then STFU till you talk to a lawyer.
I could make this a list of shit and things to do like a mile long, but that's the highlight reel.
I'm not a lawyer. I'm not your lawyer. This is not law advice. I don't know if there's any exceptions to this in your particular state.
Don’t ever speak to the police. They are never there to help you. Get a lawyer asap! ACAB
“something suspicious“
This line is bait to trick you into saying something that they can arrest you for. You’re only reply. Should be “OK, am I free to go?“. If they had something to arrest you for or to take you for, they would do it without asking you questions. When they ask you questions like this, they are not asking you questions to see if they can let you go. They are asking you questions to find something to ticket you for or arrest you for.
Cops are not your friends, and they are never, never, never ever ever there to help you. It is tho job to fuck you as hard as possible. Do not give them that opportunity by telling them anything that would make that easier for them to do.
Others have answered the questions about getting arrested. Here's a specific answer about Miranda rights.
Miranda rights are not read to you when you are pulled over on suspicion of breaking the law. They are read to you when you are being formally interrogated. Ask "Am I being detained?" or "Am I being interrogated?" If they say "no", keep quiet. If they say "yes", that's when they are required to read you your rights, at which point you say "I want to speak to my lawyer".
Turn off the device and get a criminal lawyer.
Anything you say to a cop, regardless of whether they read you your rights, can and will be used against you.
Do not ever talk to cops. Don’t answer their questions with more than a polite “I don’t want to talk about my day, sir.” If they keep pressing say “I invoke my fifth amendment right to remain silent and want a lawyer”
This message has been brought to you by Shut the Fuck Up Friday.
So short answer yes they can do that, for a few reasons, maybe the prosecutor will drop the charges, depending on how the stop went and if anything else happened which resulted in additional charges that end up sticking. Preface, I am not a lawyer.
A, any kind of traffic infraction (real or hallucinated by the cops) technically gives them the legal right to stop you. The initial stop will likely be upheld if it goes to court.
B, they use that as a pretext to then investigate other possible things. Drunk/impaired driving not surprisingly is a big one. Roadside breath tests are not admissible in court, station tests are.
C, if you blow 0's they rapidly pivot to "What other substances have you had which are impairing your ability to operate a motor vehicle". Technically speaking they can do that, if they think they have reasonable suspicion you are driving while impaired.
D, here's where it gets shitty. You can still be convicted of DWI even if all tests come back negative. Prosecutors can argue you were impaired by a substance that doesn't come up on standard tests. If they think they have enough video or documented evidence of you acting impaired they can still push for that.
E, GET A LAWYER. They can argue and eliminate a lot of points of data which the prosecutor can claim are evidence of impairment. Red watery eyes? They were tired. Slurred speech? How does the officer know those are not your normal speaking patterns? An important thing to note here, field sobriety tests tend to favor the police, NOT you. And they are not a legal requirement. Fyi.
F, if a more comprehensive drug test will show you were not intoxicated in any way you can pay out of pocket and submit that to court, but now you're getting into the area of "how much money will it cost to not take a lesser charge.
G, speaking of, the weaker the case the more likely the prosecutor will plead you down to a lesser charge just to make it go away while still giving them a technical win. It's bullshit and they use the threat of cost to prove innocence against you, because fuck poor people.
Very much not a lawyer but in the US from what I understand you don't have to consent to a field sobreity test at all (IE the breathalyzer), but the cops can require you to come to the station for, the tests that they refused to give you.
As far as Miranda rights, that's kind of misunderstood, in short if you weren't formerly brought into an interogation room. or put in jail, it's not a strong requirement for them to read it.
I don't have the full picture but if you aren't in jail, then you've basically got a BS ticket. They might be able to hit you for reckless driving or something if you were swerving or something in your driving lead to the actual suspicion and they have it on dash cam, but the DWI itself, should fall apart instantly without evidence.
I know my ex got out of a DWI that she was very guilty of, simply by police incompetence (cops lost the test results),