Originally posted by: alkemyst
Originally posted by: Mill
Care to link an example, because I've only heard of that in case of refusing a DUI/sobriety test. A less serious moving violation(minus DUI) should not have a requirement to surrender your license at all. Because DUI can be hard to prove, states made that a law to prevent everyone from refusing the tests.
Never heard of a single state that would require you to surrender your license if you didn't signature bond yourself. You would be arrested but then you can make monetary bond. Because most states require a judge to actually suspend/revoke a license, and the police are there to enforce the law and not interpret/rule on it. DUI is different because the there is an actual law that exists that says you will have your license suspended/revoked if you refuse a sobriety test.
It is perfectly in your right to refuse a roadside sobriety test. They are not required at all. The officer does have the right to take you in to get a breathalyzer test or blood test, by refusing that test then yeah you forfeit your license.
I said refuse and said nothing about a requirement is submit to another, but if they get a court order for a blood test you WILL give you blood.
However in my original post the wording above should read: In some areas you could also give up your license by refusing to sign. It's a matter of what laws you are under....some jurisdictions are very bad.
Like I said back it up. There are 50 states, so find a few and post it.
Many states have a three month jail term as a possible penalty for speeding (most do not realize this).
Many or some? I'd say most keep a jail time requirement for speeding between 10-30 days. Florida counts a speeding ticket as a non-criminal infractions, but if you refuse to sign you will be charged with a criminal misdemeanor. Most states don't even treat tickets as a criminal infraction and most won't give jail time unless it meets the standards of reckless driving which is usually another statute to begin with.
It's considered criminal to speed, however it is usually handled in a 'separate' court than the criminal court. This court is called 'traffic court' and it doesn't follow all the due process and innocent until proven guilty stuff to a T. You have specific legal rights in a criminal case but not in traffic court. You won't get the Miranda rights if you are arrested when you get a ticket You do not automatically get the right to discovery in traffic court, if you don't ask you don't get it...once the time to request it has passed you cannot go back and say 'hey I missed a step!'. In a criminal case, discovery is automatic and required so even without a lawyer you can be guaranteed it.
Seriously, how did me asking you to back up what you said involve into a case study of what you think you know about the law? In your own state speeding is a non-criminal act and in some it is a criminal act. It does have to follow due process and other constitutional clauses, because it IS the government. You may mean they are less stringent, and that they are quite as serious, but that doesn't mean the constitution doesn't apply. You don't have to be given your Miranda rights ever unless they are interviewing them. Mirandizing someone has little to do with "what" their crime/infraction is. It has to do with making sure they realize their rights before they start to talk and incriminate themselves. You can't go back in regular court either and say you missed a step if you are representing yourself, but a judge would probably force a lawyer to advise you and push you into asking for discovery. In case of a traffic infraction most judges will get ticked if you ask for discovery, but you have every right to.
Now once in 'jail' for this you are given the option usually to surrender your license as 'bond', you can elect to request a monetary bond though....this may take time to get and you will sit while waiting, some places may tell you they are not getting you a money bond (they will have to do paperwork to get this and they can always say you never asked). If you search the laws in other areas you will see this.
Surrendering your license for bond is usually done if someone doesn't want to give their written word as bond. I never said you couldn't use your license for bond. I said you didn't have to give up your license if you refuse to sign. Stop twisting things.
Your best bet on any ticket if you are contesting it and/or know you didn't do anything wrong and especially if you are in an new / unfamiliar area (some tickets do state you are admitting guilt by signature I have heard) is to put the words UNDER PROTEST next to your signature. I would recommend writing these words first as I have had a ticket swiped from me as soon as my name was completed. I have also been told my license and insurance card were already given back to me which were witnessed to be thrown onto the main road as he pulled away.
Nope. Citations will never have a signature as proof of guilt. A signature is just you saying you will appear in court and is your "bond." Writing under protest is just going to make the police officer remember more about your case and likely to be better prepared. If you want to contest a ticket then you do NOT want to write under protest next to it. It also sounds like you had the ticket snatched from you, or your license chunked down because you were acting like a prick to the cop.
What you have "heard" and what is reality is different my friend. If you want to post some information to the contrary then feel free to do so.
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