Quote:
Originally Posted by JTruck
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.
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Shiiiit I would go to jail everyday traveling 80 in a 60. Happens everyday on the way to work, never any traffic, no homes, and no curves.