Do I have 5th amendment rights in a speeding ticket trial?

Question

The judge said I MUST take an oath to tell the truth and I MUST answer all the prosecutors questions. I told him that I did not want to testify and I objected to answering the questions. He said I don't have the right to remain silent in my speeding ticket trial and threatened to throw me in jail. So, I asked him to let the record show that I object and I'm only answering to avoid being in contempt of court.

Don't I have 5th amendment rights in court for traffic violations?

I would like to add that I am NOT driving like a jackass and I believe I was traveling at a safe speed. I am a very cautious driver. The problem is that the justice system convicts everybody and doesn't give them a fair chance. I say **** any more trials with a judge - I'm going for jury trials.

Answer 1

The fifth amendment attaches to rights against incarceration. If the court instructed you that you do not have the right against self-incrimination, the state is waiving any opportunity -- which likely does not exist on a speeding ticket -- to seek a jail sentence for a conviction of the violation. That is why corporations do not have a fifth amendment right against self-incrimination, but corporate officers do. If you had been stopped for DUI, you would have gotten Miranda rights read to you.

Answer 2

If you are the defendant in a criminal prosecution, even one as minor as a traffic ticket, you have the right to avoid taking the stand. The 5th Amendment protection prevents you from being called to the stand againt your choice.

But if you take the stand for any reason and testify voluntarily, then you cannot invoke the 5th during cross-examination on any subject that you mentioned during your direct testimony.

You did the correct thing, including making your objections and the reasons for them on the record. Now, you can appeal the decision and have the verdict thrown out as a constitutional violation. If you're in California, let me know, and I'll help with the appeal pro bono.

Answer 3

The fifth amendment is clear; you cannot be asked to testify in a way that would tend to incriminate you. However, you are in contempt of court if you fail to take the oath, or fail to answer other questions like "What is your name?". This is not a question which might incriminate you in a speed ticket issue, so is not covered by the 5th amendment.

What you should have done is taken the oath, then if asked a direct question such as "You were speeding, weren't you?" and if you know that to be the case, you should have said "I refuse to answer on the grounds that my answer might incriminate me". That statement cannot be taken as an admission of guilt.

Answer 4

You have to take the oath yes, but you dont have to testify! Your 5th amendment right is always a right, no way can rewrite the constitution, not even the judge.

Answer 5

In trail were you are to prove inocence,you swear to tell the truth when asked otherwise plead guily...you must answer or be in contempt,this is so there has to be a description of the incodent to prove a case the descretion is the judges,...the Judge is God in court...dont screw with the judge none of this is the true law...this is just hhow it really works,in the real world...you have no rights unless you have $$$$$,or a lawyer,which requires $$$

Answer 6

Doesn't the 5th ammendment say you don't have to testify against yourself? If your truthful testimony would have convicted you, you're guilty. Pay the fine, kid and get it over with. And quit driving like a jackass.

Answer 7

,Sure they hold you over for trial in a cool cell
Constitutional rights,
and Lefts, short jabs kicks, you get it all

Answer 8

yeah you have 5th ammendment rights in any trial. It probably wouldn't do you any good though.

Answer 9

Didn't know we still have rights after patriot act.

Answer 10

no you need a lawyer