A case study in TALKING TO THE POLICE AND HANGING YOURSELF with your own words

[pkbites]

@Saint_Cad

Wrong Whack-a-mole.
Washington. The state legislature made ordinary driving violations infractions rather than misdemeanors because as a misdemeanor cops had to Miranadize you before asking you, “Do you know why I pulled you over?” etc. I know the LEOs here will say that’s not true because being detained for a traffic stop is not the same as being arrested but Washington has a lot of weird rules re: driving law enforcement.

Can you cite to this? Was there some state supreme court ruling? Because generally Miranda is not necessary on a traffic stop even if it leads to a misdemeanor or felony arrest.

[Saint_Cad]

This is what I was told by LEO friends and it seemed to make sense given some of the weirdness in Washington traffic enforcement. Recognizing that I couldn’t cite it, I added one I could cite to counter WaM’s answer.

[doreen]

I’m not going to say you weren’t told that but there are plenty of states ( including NY ) where most ordinary driving violations are “traffic infractions” or “violations” rather than crimes *.

I can sort of understand how someone could argue that someone who has been pulled over has been detained and is therefore in custody. If I squint, I suppose I can see how one might argue that asking that person " Do you know why I pulled you over?" is custodial interrogation. But it seems to me that the easiest way to solve that problem would be to stop asking that question ( which I don’t even understand the purpose of) - so I don’t think Miranda has anything to do with traffic violations not being misdemeanors. I’m sure it has a lot more to do with other issues - for example, in NY, if I get a ticket for going 10 miles over the sped limit, I can usually plead guilty and pay the fine by mail. If I am arrested for a misdemeanor, I will have to appear in Criminal Court ( even if the police issue a desk appearance ticket rather than holding me for arraignment)

• These are all defined in the penal law. A crime is a misdemeanor or a felony, a violation is an offense other than a traffic infraction with a maximum sentence of 15 days or less, and a traffic infraction is any offense defined as one in the Vehicle and Traffic Code. There are some misdemeanors and felonies ( mostly DWI and driving with ability impaired) in the VTL, but it’s mostly infractions.

[Half_Man_Half_Wit]

@KennyT

“troopers interviewed Sierra in his home in Queens and he initially denied knowing Evelyn Colon, police said. But then he admitted he not only knew her but they dated, lived together and she was having his baby, police said.”

“He told troopers that he last saw her when he left the apartment in Jersey City and that when he came home, she was gone, court papers say. He said he moved out soon after and returned to his father’s home, police said. She had threatened to leave him and he figured she’d gone home to her mother, police said. He had told her not to go and checked a few times at her mother’s house but no one answered, he said.”

“He couldn’t explain why he tried so little to make contact with Evelyn Colon and their child, police said.”

I think the real crime here is the writing. How the hell does one even manage to end seven straight sentences with the word ‘said’ (OK, ‘say’ in one case)? Has the thesaurus finally gone extinct, kicked the bucket, shuffled off this moral coil, joined the choir invisible, gone to the great beyond for good?

[BippityBoppityBoo]

@Half_Man_Half_Wit

Has the thesaurus finally gone extinct, kicked the bucket, shuffled off this moral coil, joined the choir invisible, gone to the great beyond for good?

Has the thesaurus finally gone extinct, kicked the bucket, shuffled off this moral coil, joined the choir invisible, gone to the great beyond for good?, Half_man_Half _wit said.

[LSLGuy]

“Nope. ‘Es just restin’” @LSLGuy said about what @BippityBoppityBoo said @Half_Man_Half_Wit said.

[Folacin]

@DrDeth

In fact, when you fill out the form for your Federal Agent background investigation they specifically tell you to not list minor traffic infractions. Same when in CA you get a Gaming license.

I would guess that applies to the BAR, but Ianal.

Old college friend applied to the Minnesota bar. Per my lawyer brother, you list all of your police interactions, including traffic tickets, and express remorse and promise to never do anything like that again. The bar takes you at your word and admits you.

My buddy attached a document explaining how the ticket was bogus and should have been dismissed. (I don’t believe there were 8x10 glossy photos with circles and arrows, but there may have been). He did eventually get admitted, but it took a much longer time.