Never talk to the police & Know your rights

jsherk
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Never talk to the police & Know your rights

Unread post by jsherk on

So I have been doing some research about my rights and realized that I do NOT ever have to talk to the police and I NEVER have to answer any of their questions.

I may be compelled/required by statute to show my drivers license, insurance and registration but I do not have to say anything or answer any questions.

I may be compelled/required by statute to provide my name, address and date of birth if I am being charged with a crime, but again I do not have to say anything or answer any questions.

Just my opinion, but the best thing you can do is say NOTHING ... do not give them the evidence they need to convict you!!!

Here are some excellent resources I have come across:

http://www.trafficticketparalegal.com/s ... s-victory/

http://www.criminaltriallawyers.ca/?q=know-your-rights

https://www.youtube.com/watch?v=T5EFAxVaUlA

http://www.hosseinilaw.com/talking-to-the-police/
+++ This is not legal advice, only my opinion +++


jsherk
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Unread post by jsherk on

+++ This is not legal advice, only my opinion +++


rank
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Unread post by rank on

I declined to give a statement once. It's a tough call.
Give a statement = might get charged.
Don't give a statement = definitely get charged.


argyll
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Unread post by argyll on

Exactly that.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


screeech
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Unread post by screeech on

How does talking to the officer, and being nice, give them evidence to convict you? Being nice, and polite may mean you will get a reduced ticket, or only one when you could get more. You can still deny answering certain questions, just be nice about it. By doing what you are suggesting you have already tipped the officer off that you will be fighting your ticket anyway. So, if you are going to fight one, here's a couple more, fight them too...now you go into court with a boquet of tickets, it puts you in the position of wanting to make a deal. It makes it much easier for the prosecutor to make a deal by dropping one or two, or not, depending on your attitude on the roadside (along with your record)


jsherk
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Unread post by jsherk on

My experience is this:
Don't give a statement = definitely get charged
Be nice, polite, apolgetic and give a statement = still definitely get charged.

I never suggested above that you should be rude or impolite. I simply say, very nicely "No comment." or "Am I required to answer that?"

This is your RIGHT to not say anything. The law says you do not have to say anything. I am doing nothing wrong. And in fact if a police officer gives you more tickets because they don't like your attitude then they are the ones breaking the law.
+++ This is not legal advice, only my opinion +++


Stanton
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Unread post by Stanton on

Here's the results from a University of Waterloo study on saying "sorry" when stopped: http://www.therecord.com/news-story/257 ... s-suggest/
Two University of Waterloo social psychology researchers decided to tackle the topic, asking more than 1,000 people in Canada and the U.S. how their responses to officers issuing a ticket affected just how much they had to pay.

Their findings? A simple “I’m sorry,” was the most effective and actually reduced the fine issued by an average of $51, according to study respondents.

While most people who answered the researchers’ survey, around 46 per cent, said they offered an excuse when confronted about their speeding, it didn’t have a significant impact on the fine they were handed.

Staying silent or denying that they’d been speeding didn’t help either. The only thing that drivers consistently reported as effective in reducing their fine was an apology. In fact, 30 per cent of drivers reported expressing remorse and receiving a reduced fine.

The “I’m sorry,” line only worked for drivers caught travelling around 40 km/h over the limit, though, according to the study. Those who were stopped going between 10 and 16 kilometres over the limit reported that their remorse didn’t relate to the fine issued.

The findings confirmed the researchers’ anecdotal suspicions that showing regret for the action, especially in a situation like a speeding ticket where there’s no immediate victim, was enough to prove a lesson had been learned and to act as a deterrent from repeating that offence.


jsherk
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Unread post by jsherk on

The only problem with the study is that you do not know whether the officer might have reduced it anyways even if you did not say sorry! But interesting none the less!

And even a reduced fine with no demerits still affects your insurance the same, so for me I would fight it whether they reduced it or not. So I will just continue to stand up for my right not to talk to them before government takes that one away from us as well.
+++ This is not legal advice, only my opinion +++


OPS Copper
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Unread post by OPS Copper on

Police by nature are very suspicious of people. I do not work traffic division but I dot traffic when it is slow.

I rarely ticket unless you do something I consider dangerous.
I have had people answer no comment or do I have to answer this makes me suspicious. So I never ever give warning or reduction when confronted by this. Plus I make sure my notes are complete and review them to make sure I did not overlook anything.

You won't talk yourself out of a ticket in most cases. However you will talk yourself into one.

That's the discretion. It is totally up yo me to de ode if I charge.


rank
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Unread post by rank on

Officer to driver 1: What happened?
Driver 1: He hit me

Officer to driver 2: What happened
Driver 2: He hit me.

Officer to eye witness: What happened?
Eye Witness: Driver 1 hit driver 2.

Officer to Driver 1: Witness agrees with driver 2. I'm going to charge you with dangerous driving under the criminal code unless you have something else to tell me.
Driver 1: PC, he hit me. Look at the marks. I urge you to call in your accident specialist to get his opinion before you charge me. I have nothing more to say officer.
Officer to Driver 1: I am then charging you with DOOMV under the criminal code you have the right to remain silent........


Mugwug
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Unread post by Mugwug on

OPS Copper wrote:You won't talk yourself out of a ticket in most cases. However you will talk yourself into one.
THIS.


jsherk
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Unread post by jsherk on

OPS Copper wrote:You won't talk yourself out of a ticket in most cases. However you will talk yourself into one.
Exactly... so just don't say anything!! ;)
+++ This is not legal advice, only my opinion +++


argyll
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Unread post by argyll on

jsherk wrote:My experience is this:
Don't give a statement = definitely get charged
Be nice, polite, apolgetic and give a statement = still definitely get charged.

I never suggested above that you should be rude or impolite. I simply say, very nicely "No comment." or "Am I required to answer that?"

This is your RIGHT to not say anything. The law says you do not have to say anything. I am doing nothing wrong. And in fact if a police officer gives you more tickets because they don't like your attitude then they are the ones breaking the law.
And what law exactly would be being broken by an officer charging based on attitude ?
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


jsherk
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Unread post by jsherk on

My point was that they can't make up charges and give you invalid tickets for having a bad attitude. If they charge you for something, then it had better be a valid charge.
+++ This is not legal advice, only my opinion +++


ynotp
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Unread post by ynotp on

I really don't think showing your stripes at the roadside is smart.

When pulled over there are ways to be sociable and apologetic without admitting the offence or signaling to the officer that you intend to fight the ticket. Ideally you want the officer to think you are just some regular idiot that is going to seek out a plea bargain or pay the ticket because of a roadside reduction.

Something like, "I'm sorry, I don't know what else to say." then change the subject to something that sounds like an excuse and say "I was on my way to my exlover's, husband's, sister's, brother-in-law's, cat's funeral....blah blah blah." Even a slight denial with an apology might help, "I didn't think I was doing X, but if I was I am sorry." If you get a reduction be thankful.






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