Isn't that a bit ridiculous?
2006-09-27 07:37:04 · 33 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
The accused car owner has to declare who was driving the car.
2006-09-27 07:56:37 · update #1
Why wouldn't a speeding motorist have the right to silence?
If a copy pulls me over and says "Hey Buddy. Do you know how fast you were going?" I can answer without incriminating myself. I can so "Yes." Or "I'd rather not say." Or I can plead the 5th.
2006-09-27 07:50:18 · answer #1 · answered by Uncle Pennybags 7 · 2⤊ 0⤋
It is not ridiculous. You must understand the legalistic climate in which the Miranda rights were mandated by the courts (in the 1960s). People who are not simply being issued a ticket for some non-criminal offense are being detained rather than arrested. Being arrested means being physically captured by the police. It is a very worrisome circumstance, and the person being arrested has a right to know what he is legally allowed to do, what he or she has a right to in such freakish circumstances. For many years - during the 1950s and 1960s - courts insisted that the police had to tell people when they arrested them exactly what rights they retained. Finally, around 1966, the courst got fed up and insisted that a precise statement must be made to the person being arrested. (“Miranda rights": "you have the right to remain silent; anything you say may be used as evidence against you; you may request the presence of an attorney, either retained by you or appointed by the court; and you have the right, even after beginning to answer questions, to stop answering or request an attorney. Do you understand these rights as they've been read to you?")
The person being arrested has the right to remain silent. Even now, after the cops read the Miranda rights to English speaking persons they arrest, the person talks. The reason is that the person believes he is under the complete authority of the police, so when the policeman asks him a question, he still feels compelled to answer it. Just reading the rights does not mean the cop cannot interrogate the suspect. The cops routinely do this, and often he gets the person to say things that will incriminate him (whether he's actually guilty or not).
2006-09-27 07:56:57 · answer #2 · answered by voltaire 3 · 1⤊ 0⤋
its like this, everyone has the basic human right of remaining silent when arrested by a law enforcement officer. regardless of whether you are a murderer or a traffic offender you still reserve that right. you are asscerted of that right so that you wouldnt say anythin to the police without legal advice n get your *** cooked! it has been understood that many convictions have been falsely declared because the defendent had said somethin out of fear while he was actually innocent.. a speeding motorist may have his right to remain silent but what on earth for would he want to keephis mouth shut for? he has been caught for speeding and the police man's speed gun will show the relevant evidence of speedin. in such a scenario there's no point in keeping silent! the only thing to do is say you sorry, pay the fine if necessary, and get on your way...!
2006-09-27 07:48:35 · answer #3 · answered by Anonymous · 2⤊ 0⤋
The owner of the car does not HAVE to name the driver - they could go to court or say they drove the car and take someone elses punishment - which is not the right thing to do - Like any offence - the accused "does not have to say anything but it may harm your defence if you do not mention when questioned something which you may later rely on in court".
So - if you got a ticket - then you can always say you are going to court - then remain silent and the magistrates will decide on a suitable punishment - NO PROBLEM... probably points on your licence, a fine and costs. If you are lucky.
There is always a choice in this world.
2006-09-27 08:09:19 · answer #4 · answered by Anonymous · 1⤊ 0⤋
A speeding motorist has already been proven guilty. The cop saw you breaking the law. And technically you're not under arrest for a simple speeding ticket. A murder or rapist is innocent until proven guilty or vice versa for the U.S.
2006-09-27 08:11:42 · answer #5 · answered by miss_o41014 1 · 1⤊ 0⤋
You know as well as I do, that this is one of those spurious 'human rights' cases that seeks to force a loophole in the law, by a couple of pompous farts who think they have the right to ignore speed limits and then bleat about it when they are caught.
I get cross with people who claim that their human rights are being infringed in silly cases like this. How can being asked to say who was driving your car when an offence was committed be a human rights issue?
Torture, imprisonment without trial, capital punishment, poverty - those are real human rights issues, not crap like 'can I wriggle out of a speeding ticket?'
Right, I've had my rant and I'm going for a lie down.
2006-09-27 09:34:50 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You have that right if you are arrested. If you are arrested for speeding, then you also will have the right to remain silent; anything you say can and will be used against you in a court of law. You will have the right to an attorney, and if you can't afford one, one will be appointed to you at no charge.
And then they will ask you if you understand your rights as they were just read to you.
2006-09-27 07:57:40 · answer #7 · answered by volleyballchick (cowards block) 7 · 1⤊ 0⤋
You of course have the right to remain silent, but the officer also then has the right to arrest you and impound your car. Stay as silent as you want and get a lawyer... or just cooperate and hope things go better.
2006-09-27 07:40:53 · answer #8 · answered by jh 6 · 1⤊ 0⤋
Hello - COMMON SENSE - if you remain silent they charge you with failure to supply information - which carried the same penalty as the crime you were originally charged with.
So - are you LISTENING - you have a choice - admit to the offence and get 3 points and £60 or more fine - or say nothing - and wait for it - hope you're still listening - get 3 points and a £60 or more fine.
But if someone breaks into your home and rapes your wife and you dare to touch him - YOU are charged and he gets off scot free.
Welcome to Britain
2006-09-27 11:07:41 · answer #9 · answered by MB42 3 · 0⤊ 0⤋
People who are under arrest have the right to remain silent when they are told their miranda rights. Unless the speeding motorist gets arrested, its not the same thing.
2006-09-27 07:41:24 · answer #10 · answered by Niecy 6 · 4⤊ 1⤋