Originally posted by: alkemyst
Originally posted by: Mill
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.
Like I said back it up. There are 50 states, so find a few and post it.
You know why Mill? because you are merely trying to contest me without any real knowledge of your own....someone intelligent would have at least done their own search first before throwing crap, State level is not the only place to look for these things, traffic fines/laws can be on a way lower level. However here is a link in Cinninnati that a police force was doing just this although it was against the rules:
Cinninnati Enquirer, here is it in Illinois, they have a set bond of $105 for 30mph over or your license/bail bond cert:
IL Law. Also some areas have ridiculously high bonds (close to $1000). Like I said though, in certain towns they will take your license for the bond....they could give a crap less that you are on vacation....sure you can 'contest' this and perhaps win....but what goes on in real life is a lot different than what you are saying....even if it is by whatever book you are reading.
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.
In most states the max penality for speeding is 3 months in jail. Like all max penalities it is rarely given. A speeding ticket for 'unlawful speed' there is no jail time in Florida, however, if the officier deems your speed not only unlawful but totally excessive then you fall under 'reckless driving' (which you mentioned but reckless driving can be based on speeding) the Statute in Florida is 316.192(3), any person convicted of reckless driving shall be punished: (a) Upon a first conviction, by imprisonment for a period of not more than 90 days or by fine of not less than $25 nor more than $500, or by both such fine and imprisonment. (b) On a second or subsequent conviction, by imprisonment for not more than 6 months or by a fine of not less than $50 nor more than $1,000, or by both such fine and imprisonment.
The bad part on that is there is really no 'limit' that you get before you may be considered for 'reckless driving' I think you are just trying to argue with me though....regardless you get stopped for speeding your can get a reckless driving ticket. Chances are you meet the right officer and refuse to cooperate that's what he will hand you.
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.
Not many have that lawyer in 'traffic' court....that was my point. Many falsely think the most traffic court can result in is a slap on the wrist and a fine. Not so...but again your method is not so much to show what's right, it's merely to split hairs and attempt to discredit me.
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.
No in some areas, you have to post bond by the books....your signature does nothing. You are the one twisting things and as above I have provided REAL WORLD proof this does happen.
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.
Please go check this link out:
Penalty Assessment: I acknowledge my guilt of the offense charged and my options as explained to me by the officer. I agree to remit by mail the penalty assessment shown above. , again that is just the first one I stumbled across searching quickly.
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.
ironic isn't it.
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