Quote:
Originally Posted by Banshee
5th amendment is self incrimination...IE CRIMINAL law. 5th amendment doesn't apply to a civil infraction. You have the right to say you were speeding or the right to deny. Can your admittance be held against you with an honest cop? Yes. But why would you admit to anything? You can remain silent, you don't have to answer any questions other than provide your credentials. But the 5th amendment isn't triggered in civil situations such as driving....remember, driving is a privilege, NOT a right!
5th amendment is triggered when a criminal misdemeanor or felony traffic law has been violated AND the person is detained is being interrogated AND in custody.
If a police officer stopped me for doing 11 over and he asked for the license, reg and insurance...I hand them over. He comes back with a ticket, and then I admit to going much faster? That's just plain stupidity. Officer now goes back to amend his ticket notes with your smart ass statement and when it comes time for any leeway or knocking it down, better bet if he wanted to...he would say so.
Traffic classes are not a given to reduce the points/fine. The magistrate AND the officer have to agree on this. Lets say the officer only wrote you for 11 over, yet gave you a break? Say he clocked you at 24 or 34 over yet didn't tell you? Just being a nice officer...gave you a huge break cause maybe he was young once and did the same thing or owns a Camaro...You never know.
Admitting you were going faster is just plain stupid.
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In all states, a speed over 100MPH (it's usually 20MPH over posted or reasonably prudent) in addition to the racing are both criminal charges. (This is what the OP was doing) Both can result in being arrested, booked and your car towed and jail time or fines dependent on the judge. So yes, I know what the 5th amendment states, and what was being performed was criminal, so it very much applies.
When a traffic stop has been initiated you are detained, according to California v. Beheler a person limited in their freedom of movement is considered to be in-custody meeting that requirement of Miranda. Does he have to be read his Miranda rights? No. He hasn't been arrested yet and an investigation is on-going. But the 5th amendment still applies prior.
So my earlier statement about the 5th amendment very much applies to this specific situation.