- Jun 23, 2004
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When a cop asks you something like "Did you know what you did wrong" (like california stops at stopsigns) or "how fast were you going?", is there any purpose in incriminating yourself?
Actually, failing to know how fast you were going at any given time is a traffic infraction itself in most states. Often more serious than speeding. Careless driving, negligent driving, failure to maintain proper control of the vehicle, etc. So no matter how you answer the question, you incriminate yourself. It's the ultimate loaded question.Originally posted by: sygyzy
There is a difference between volunteering and admitting guilt and telling the truth.
The oldest cop trick in the book is "do you know how fast you were going?" Just take a minute to think about it. What are they asking you? Are they trying to be nice and are giving you an opportunity to say "no, i have no idea how fast I was going. I drive a 3000 lb machine and I have no idea how fast it's going. Was I speeding? Please forgive me"
Or are they giving you a chance to VOLUNTEER guilt and confess to a specific crime/speed? The answer is the latter.
Cops can randomly pull you over guessing you POSSIBLY are speeding. Then when they ask you the magic question, you'll remove all doubt and incriminate yourself.
Originally posted by: Vic
Hell no, never. All you do when you admit guilt is make the cop's job easier by incriminating yourself. And keep in mind that a cop's idea of "lying" is whenever you say something different than whatever bit of self-incrimination they want you to say.
Think on this. Suppose you stopped and had one single small beer while driving home from work. You get pulled over (say for burnt-out taillight). The cop asks if you've been drinking, because they ask almost everyone they pull over at night that. You tell the truth and admit you had a single beer. Boom, you walking the line and blowing, and even if you pass the field test and blow under he and he alone gets to decide whether you get a DUI or not. You tell him no, and he has nothing to go on.
Traffic cops write tickets. That is their job. "Breaks" and warnings are much rarer than they would like you to believe, and for this very reason. To get you to believe that self-incrimination will get you off. Sorry, that can and will be used against you in court. The best way to handle the situation is to pretend he didn't ask the question. "Do you know fast you were going?" "Here's my license, registration, and proof of insurance, officer, please don't take long running it, thanks."
You carry a portable lie detector with you everywhere you go?Originally posted by: bradruth
I consider lying to be telling me something other than the truth.
We'd still smell it on the person's breath, so they'd likely end up running a few tests regardless. I fail to see how we can arbitrarily hand out DUIs if people pass the tests and blow under the limit.
That's fine if that's how you want to handle it, but it will only result in a citation.
Originally posted by: Vic
Actually, failing to know how fast you were going at any given time is a traffic infraction itself in most states. Often more serious than speeding. Careless driving, negligent driving, failure to maintain proper control of the vehicle, etc. So no matter how you answer the question, you incriminate yourself. It's the ultimate loaded question.
If absolutely pressed to answer, the only proper answer is the posted speed limit. Regardless of how fast you were going.
Originally posted by: Playmaker
I'm constantly told by friends and professors in the legal and law enforcement fields that it's in one's best interest to never cooperate unless absolutely required (e.g. a warrant is involved), especially when it comes to searches.
In the case of something as minor as a speeding ticket it obviously isn't a big deal, but it's foolish to incriminate yourself. What if you were doing 95 in a 70 and the cop didn't notice, but pulled you over simply to let you know one of your headlights was out? Don't be an idiot.
In any event, those kind of cops are there primarily to generate revenue. Don't submit to this form of indirect taxation if you don't have to.
Originally posted by: Vic
Actually, failing to know how fast you were going at any given time is a traffic infraction itself in most states. Often more serious than speeding. Careless driving, negligent driving, failure to maintain proper control of the vehicle, etc. So no matter how you answer the question, you incriminate yourself. It's the ultimate loaded question.
If absolutely pressed to answer, the only proper answer is the posted speed limit. Regardless of how fast you were going.
I wasn't aware that not knowing one's speed is a crime. If I am speeding I'll generally admit to going "about" a couple miles over when asked. I'll have to remember not to say I don't know. If you are speeding and are asked, couldn't you plead the fifth in that situation?
Originally posted by: HaxorNubcake
When a cop asks you something like "Did you know what you did wrong" (like california stops at stopsigns) or "how fast were you going?", is there any purpose in incriminating yourself?
Originally posted by: bradruth
I give a lot more breaks to people who are honest than those who lie.
Originally posted by: Mickey Eye
Absolutly, get it over with. You're caught, be a man and accept it.
Originally posted by: Vic
You carry a portable lie detector with you everywhere you go?Originally posted by: bradruth
I consider lying to be telling me something other than the truth.
We'd still smell it on the person's breath, so they'd likely end up running a few tests regardless. I fail to see how we can arbitrarily hand out DUIs if people pass the tests and blow under the limit.
That's fine if that's how you want to handle it, but it will only result in a citation.
And please... your job is to write tickets. That is what you do. You don't let off people just because they were nice to you, but because they're local and have no stops or priors in the system. Otherwise, out-of-area? Guaranteed instant ticket, regardless of how much ass is kissed. Roadside tax collection. Previous stops or priors? Same thing.
A citation... ooh... don't threaten me with what you were going to write anyway.