Talking to the police is especially critical in Alabama since they’re so limited there in other detection techniques. All the DNA matches, and there are no dental records.
Not even remotely funny, IMHO. Even if you are from Alabama it wouldn’t be funny. Stereotypes played for gags are just that: gagging.
Let’s not engage in nasty stereotyping of a whole state. Thanks.
The bad example doesn’t really change the point, but I’m sure there are several examples of someone jailed for marijuana or a “victimless crime” that would be more palatable to the board. You can talk yourself into an arrest/charges but generally you can’t really talk yourself out of it. I’m the kind of guy who would rather have one murderer go free than one person wrongly charged/convicted/tortured/executed but some on the board are cool with murder as long as its innocent people killed by the state.
Yeah…I’ve seen those.
But it is worth your time to ask if you are free to go. If they say no, ask why not and if you are under arrest. If you are under arrest ask for an attorney and assert your right to remain silent and then…remain silent.
Get them on the record. If you don’t the police are more than happy to let you stand/sit there all day.
I should add that at a normal traffic stop (for speeding or whatever) don’t be a dick about it but also do not answer questions you do not have to such as, “Do you know why I stopped you?” or “Do you know how fast you were driving?” or “Where are you going?”
Be polite, give the officer your license and registration and don’t start with the, “Am I being detained?” bullshit.
About 7 years ago, I was driving across Texas on an interstate. I was pulled over for speeding. Pulled onto the shoulder, rolled down my window, got out my DL and proof of insurance. As the officer is walking up towards my car, I noticed in my side mirror that he had his firearm drawn. As he got closer, I spoke out the window, “Officer, is there a reason, that you have your gun drawn?” As he got closer and could see me, he holstered his weapon, and then asked me if I knew why he pulled me over. I said, “No sir, but I’m still curious as to why you had your gun drawn.” all the while holding out my license and proof of insurance. He took my documents from me, and said that he was just being careful, and returned to his cruiser.
He returned a few minutes later and gave me a warning. My only assumption as to why he had his firearm drawn was that until he saw that I was white, he was nervous.
I have had cops get very agitated when I didn’t answer these questions that you’re saying I don’t have to. I’m scared shitless of cops so believe me, I don’t give them any lip.
I have been stopped six times in 33 years, been in the back of a cruiser twice, and been jailed once. Zero convictions, zero tickets.
I have been stopped for driving too slow and for waiting too long at a stop sign. In both cases I am sure the real reason was “car and clothes too nice for brown person”
People keep telling me that “nothing happened” so what am I complaining about. I paid thousands in legal fees which is why nothing happened and I still have a mug shot accessible online. And at least after 12 years a background check produced an arrest record.
If you watch the video linked many times the cop who speaks starts by asking if anyone drove to class and sped. If pulled over in a 30 mph zone and the cop asks, “Do you know how fast you were driving” and you say “35” (even if you were doing 45) you have just admitted to a crime.
I’m a pretty deep believer in telling the truth, regardless of consequences.
When I get pulled over (happened several times now!) it’s generally because I’m driving too fast. I’ve never been surprised by being pulled over; only one time ever did I not know why I got pulled over.
So when pulled over for speeding, and asked “Do you know why I pulled you over?”… my answer has invariably been “Because I’m an idiot that was driving too fast?” or some version thereof. The one time I did not have any idea, I said as much.
Aside from one memorable incident that ended with me in jail (fun!), the officer usually smiles, nods, and sends me on my way with an admonition to pay attention to my speed in the future. The time I didn’t know why I got pulled over, it was expired tags; I just said “Shit, I forgot with all the other crap going on in my life.” And was sent on my way, with an admonition to get it fixed ASAP (which I did).
The jail incident? When I moved out of South Dakota, apparently I had a check that still hadn’t cleared the bank by the time I closed all of my accounts. So I was arrested for check fraud, I guess? The officer actually let me know what would happen, then let me leave to hit an ATM to have the cash to pay everything to spring myself immediately; so I was “in jail” in Deadwood, SD for approximately 15 minutes. After I got the details for the check, I actually got ahold of somebody that worked at the payee (mother of a childhood friend) who let me know she was the one that found the check stuck to the bottom of the cash tray in the register, a few months after the thing had been written! A <$20 check (for gas) resulted in a very memorable day.
Oh, and the officer didn’t even bother with a warning about the speeding incident… in fact, after paying the fine, he gave me a ride back to my car (I was actually arrested in Spearfish, SD, but the jail for Lawrence County is in Deadwood, so a 30-ish mile round trip), but without handcuffs this time.
(ETA: Trust me, I’m aware being a white male gives me an inordinate amount of protection, but not as much as you would think; remember, I live in places where EVERYBODY is white.)
The place I got detained for driving a nice car in a nice suit while brown was a place (Central/Western Kansas) where “everybody is white”. Apparently they wanted to keep it that way.
The police did pull over and ask me “if I was lost” when I (kinda brown but certainly not black and wearing a suit) was walking thru East Palo Alto.
Are there places in the U.S. where going 5 over is an actual crime and not just an infraction or forfeiture?
Yeah. Everywhere.
The police probably will probably not stop you but then police sometimes just wait until you do something wrong so they can stop you. Especially if you have the temerity to be driving while black.
Anecdotally, I grew up next to a tiny little township that seemed to get all of their money from traffic tickets. The whole township had a speed limit of 20 (aside from one road that was 10…they pulled over my school bus driver on that one…for real). 25 there was definitely speeding and they would get you for it (they got my dad who was Mr. Do-Right-Upstanding-Citizen-Man,my dad was not pleased to put it mildly).
Not in CA. Most traffic violations are infractions, not crimes. They are not in the penal code. You normally cant go to jail. You do not have the right to a trial by jury, No Miranda warning, etc.
I am guessing that’s true in most states.
Did you misread his question?
So the state can just impose fines without any due process? State says you have to pay so you have to pay? End of story? Traffic court does not exist because there are no traffic crimes (or rather, since most traffic infractions are not a crime the few that still are just go through normal courts)?
In most jurisdictions actual crimes (misdemeanors & felonies) are acts that can result in incarceration (jail or prison).
Most traffic offenses and ordinance violations generally aren’t considered crimes and can only result in a forfeiture (monetary fine).
Yes, you can be arrested for them and made to post bond. But due process is followed, you can have a trial to fight them, usually by a judge, sometimes by jury depending on jurisdiction. But if convicted it isn’t a criminal record.
YMMV depending on location. But AFAIK going 5 over a speed limit isn’t a criminal act anywhere.
Sounds like semantics to me.
The government imposes a rule and punishes you for breaking that rule…aka a law.
What are we distinguishing here? If these are not laws that are broken then what are they?
They are laws that are broken but that doesn’t make them crimes.
As I posted previously crimes are acts which can result in incarceration. Traffic offenses and ordinance violations generally can’t result in being sentenced to jail or prison. If you’re convicted of something that can only result in a fine you can truthfully say you don’t have a criminal record.
And it’s not semantics. States have it in their statutes that certain acts, while illegal, aren’t crimes.
Many municipalities adopt misdemeanor state crimes into local non-criminal ordinances and enforce them as that. You can still be arrested, made to post bail, have a court hearing, etc… But they’re not crimes as you can’t be incarcerated. Prosecutors routinely plea state charges down to local ordinance violations for the same act.
If you are applying to take a Bar exam can you skip your traffic violations?