I have personally never read anyone their rights during a traffic stop. There is a big difference between a custodial interrogation and the investigation of a traffic offense. I'm sure the officer had all the evidence he needed to write the citation regardless of what rider's answer was.AFCop wrote:Here is my two cents, take it for what it is worth......$0.02.
FIrst the Cop asked you a question where he believed (or should have believed) who could have incriminated yourself. He did not advise you of your miranda rights so any action based upon your "admission" would have been illegal and therefor thrown out.
Second, the Cop has the burden of proof that both your speed and your lane change were unsafe. (You should review the elements of the offense and if you didn't mean ALL of them, you did not commit the offense). What were the conditions... Was there heavy traffic, you were weaving in and out of traffic, etc or was there noone on the road or was the closest car 100, 200 feet away, etc.
Same for the unsafe speed, first, he doesn't know how fast you were going and as mentioned in point 1, he is not supposed to use what you told him (different story if you would have been mirandized). If he cited you on the unsafe speed based on your "admission", again see point 1
Bryan
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Return to “Cop didn't care about CHL - still wrote me two tickets.”
- Tue Oct 28, 2008 10:03 pm
- Forum: LEO Contacts & Bloopers
- Topic: Cop didn't care about CHL - still wrote me two tickets.
- Replies: 66
- Views: 11237