Stupid question of the day

[Compnewbie01]

So those various videos on what to do if pulled over usually tell you that you don't have to incriminate yourself while talking to the police while pulled over for a traffic violation. So my retarded question of the day is what would happen if you gave the officer the silent treatment and just stared at him as he asked you questions? I know the officer is sure to get pissed off, but could they arrest you for not talking? This is assuming they don't have any clear evidence of your traffic mistake and are trying to get you to admit to it. On the other hand they may just give you the ticket anyway if they did indeed clock you at whatever speed. In this case, you were probably going to receive the ticket no matter what you said.

Btw I am not saying I did this or want to try it, but just a random idea I had today.

 

[FoBoT]

as long as you provide your license and insurance card and sign the ticket, i don't think it matters how much you talk


i don't understand why speeders get so miffed when they get caught

 

[Soundmanred]

They would give you the ticket and let you have your voice in court. He's not there to be the judge if you disagree with the violation anyway.

 

[CrazyLazy]

Giving a police officer the silent treatment might make you appear threatening which could cause trouble. Just say politely that you didn't think you did anything wrong and provide your insurance, license etc.

 

[TehMac]

Originally posted by: FoBoT


I don't understand why speeders get so miffed when they get caught

I wish speed limits were not as low.

 

[jlee]

Originally posted by: Compnewbie01
So those various videos on what to do if pulled over usually tell you that you don't have to incriminate yourself while talking to the police while pulled over for a traffic violation. So my retarded question of the day is what would happen if you gave the officer the silent treatment and just stared at him as he asked you questions? I know the officer is sure to get pissed off, but could they arrest you for not talking?

If you fail to provide your license and registration, you could certainly be arrested. As far as not talking...if you provide the requested (required) information, there's nothing that says you have to answer questions. It's the polite thing to do, and may lessen your chances of a citation..but hey, it's your call.

This is assuming they don't have any clear evidence of your traffic mistake and are trying to get you to admit to it. On the other hand they may just give you the ticket anyway if they did indeed clock you at whatever speed. In this case, you were probably going to receive the ticket no matter what you said.

Btw I am not saying I did this or want to try it, but just a random idea I had today.

I don't stop anyone without having clear evidence of a violation.

 

[mugs]

I think your best chance of getting out of a ticket is before he has written it, so the silent treatment is probably going to hurt you more than it helps you.

 

[CKent]

I've always acted friendly and compliant. They're pretty much just normal people like anyone else. Never once had an issue, and there have been plenty of times where I deserved to have an issue (you'll have to believe me, you'd crucify me if I gave specifics). Of course, I live in an urban/suburban area, that may have something to do with it. My dad got pulled over by a K-9 unit and was scratching the dog's ears, actually got a grin from the cop ;

 

[jackace]

Yeah your best bet for avoiding a ticket is being nice and hoping to get a warning. There are a few ways to fight a ticket in court, but if it comes down to your word against the cop's, even with a witness, the judge will take the cops word most the time.

 

[Compnewbie01]

I don't mean not giving license and registration. I just mean when they ask how fast you were going, where are you going, did you see such and such back there, etc. can they arrest you for not saying a single word. Again, this doesn't mean not giving license and registration.

Also, I was not trying to imply people get pulled over for no reason (different topic). But sometimes they try and trick you into admitting that you did something else. A couple months ago I drove by a cop standing in the street and he walked over to his car and got in to come after me. Once stopped he repeatedly asked me how fast I was going and such. He claimed that I was going some insane speed when I was really not going that far over the speed limit. This made me wonder if he was actually able to give me a ticket because he hadn't caught me while driving or with radar. He told me that he knew I was speeding by sound and sight.

 

[jlee]

Originally posted by: Compnewbie01
I don't mean not giving license and registration. I just mean when they ask how fast you were going, where are you going, did you see such and such back there, etc. can they arrest you for not saying a single word. Again, this doesn't mean not giving license and registration.

Also, I was not trying to imply people get pulled over for no reason (different topic). But sometimes they try and trick you into admitting that you did something else. A couple months ago I drove by a cop standing in the street and he walked over to his car and got in to come after me. Once stopped he repeatedly asked me how fast I was going and such. He claimed that I was going some insane speed when I was really not going that far over the speed limit. This made me wonder if he was actually able to give me a ticket because he hadn't caught me while driving or with radar. He told me that he knew I was speeding by sound and sight.

In my state you could have been written for speed 'basic rule'- essentially going too fast..the exact speed isn't required.

 

[CrazyLazy]

Not talking to the cop is just going to make them more angry/suspicious. This video has a lot of good information about your rights if you get pulled over, it is a tad long though.

 

[Compnewbie01]

That is the video I was referring to. But can they arrest you for not talking? I know they will get suspicious and pissed off, but is that reason to arrest and charge someone with whatever crime.

Does that speed 'basic rule' thing apply if they just say they 'knew' you were speeding? A lot of things can make you appear/sound faster, but is that really enough for a ticket to be issued completely legally?

Again, I don't intend to ever try and of this. I am just talking out my ass.

 

[CKent]

Originally posted by: jackace
Yeah your best bet for avoiding a ticket is being nice and hoping to get a warning. There are a few ways to fight a ticket in court, but if it comes down to your word against the cop's, even with a witness, the judge will take the cops word most the time.

Actually many officers don't show up on the court date. If they aren't there, you get off scot free ----- at least, that's how it was in NY state nearly a decade ago. Since a bad accident back then, I drive like grandma and haven't gotten pulled over since.

But yeah, the right to remain silent is an option when you're suspected of serious crimes haha... when you get pulled over for a traffic infraction just act friendly and natural.

 

[jlee]

Originally posted by: Compnewbie01
That is the video I was referring to. But can they arrest you for not talking? I know they will get suspicious and pissed off, but is that reason to arrest and charge someone with whatever crime.

Does that speed 'basic rule' thing apply if they just say they 'knew' you were speeding? A lot of things can make you appear/sound faster, but is that really enough for a ticket to be issued completely legally?

Again, I don't intend to ever try and of this. I am just talking out my ass.

Remember- all that's needed to issue the citation is probable cause. That's basically 51% probability. The judge will make the determination as to whether or not you're guilty. If 'not talking' were a criminal offense, mutes would be screwed.

What makes you appear faster outside of going faster? Cars appear faster while on curves/etc, but any experienced officer should know and recognize this.

Originally posted by: CKent

Originally posted by: jackace
Yeah your best bet for avoiding a ticket is being nice and hoping to get a warning. There are a few ways to fight a ticket in court, but if it comes down to your word against the cop's, even with a witness, the judge will take the cops word most the time.

Actually many officers don't show up on the court date. If they aren't there, you get off scot free ----- at least, that's how it was in NY state nearly a decade ago. Since a bad accident back then, I drive like grandma and haven't gotten pulled over since.

But yeah, the right to remain silent is an option when you're suspected of serious crimes haha... when you get pulled over for a traffic infraction just act friendly and natural.

Overtime and a 3hr minimum, pal..so don't count on it.

 

[Compnewbie01]

So I could have received a ticket that day? Guess I got lucky. I drive a mustang with some engine and body modifications than make it look like I probably burn rubber every chance I get. The exhaust is a lot louder than your typical car driving down the street. I'm not saying I didn't deserve what I got/could have got. The line the officer used was "radar guns just help our eyes and ears to determine your speed." I just wonder if that can be considered a valid excuse to give a ticket. "I heard you coming down the street and saw you as you drove by me."

Okay, I derailed my own topic after having the initial question answered

 

[Bill Brasky]

Originally posted by: CrazyLazy
Not talking to the cop is just going to make them more angry/suspicious. This video has a lot of good information about your rights if you get pulled over, it is a tad long though.

Great video. I skipped through the acting, and went for the informative parts though.

 

[nageov3t]

you'd be throwing away any chance you had at the cop being nice and just giving you a warning.

my rule of thumb is always be nice, but say nothing substantive ("no, sorry, I wasn't looking at my speedometer, I was just keeping pace with traffic")

 

[jlee]

Originally posted by: Compnewbie01
So I could have received a ticket that day? Guess I got lucky. I drive a mustang with some engine and body modifications than make it look like I probably burn rubber every chance I get. The exhaust is a lot louder than your typical car driving down the street. I'm not saying I didn't deserve what I got/could have got. The line the officer used was "radar guns just help our eyes and ears to determine your speed." I just wonder if that can be considered a valid excuse to give a ticket. "I heard you coming down the street and saw you as you drove by me."

Okay, I derailed my own topic after having the initial question answered

Excuse me, but "excuses" are not required. Yes, seeing someone who appears to be driving too fast can give cause for a ticket. And depending on state law, you likely could have been written for having a modified exhaust.

I wrote one guy that I heard, saw, and then confirmed with radar at 60+ in a 30. I wouldn't have needed radar to write him.