What would a police officer do if he/she pulled someone who was speeding over and the speeder refused to...

Question

say a word until he/she had a lawyer by their side?

Answer 1

Unless you were going so fast that you committed a crime, you have no right to an attorney.  Most speeding tickets are CIVIL violations, not criminal, which means you have no right to an attorney.

Answer 2

well it depends on how far they get with you not speaking. if you are pulled over and have your d/l, proof of ins and reg and give that to the police- then you avoid them detaining you till they can prove who you are

if you sign the ticket if the officer issues one. then you don't have a problem there.

if you decide from the moment the officer approaches that you need a lawyer and won't cooperate... your veh will be towed and you will be held at the police station till your lawyer arrives.  

Answer 3

You don't have to say a word.  The policeman tells you why he stopped you.  You sign the ticket, which is not an admission of guilt but a promise to appear in court.  You get a court date, and there you may defend yourself if you choose to.  You have plenty of time to get a lawyer if you want, between the time you get the ticket and your day in court.

This is why policemen don't read you your Miranda rights.  When he hands you the pad for you to sign the ticket, he will even tell you (and it says on the ticket) that your signature is not an admission of guilt, only a 'promise to appear'.

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  Edit:  You know, now that I think of it, I haven't gotten a speeding ticket in years (just lucky I guess) but when I used to get them, sometimes the cop would ask me 'How fast were you going?'  He didn't tell me, before answering, that my answer could be used as evidence against me, and that I didn't have to answer this question if it was self-incriminating.  Now I'm wondering about that.  I guess if you took a ticket to court to fight it, the cop wouldn't be allowed to mention that he asked you how fast you were going and you admitted to speeding.  That evidence would be inadmissible.  But that's only a guess.  I always answered "I don't know", figuring it didn't matter what I thought.  8^)

Answer 4

If you comply with the requests the officer makes and they require no speech--nothing.  Otherwise, the officer would haul your butt to jail and impound your car.  

Answer 5

Well as you've seen there's a real difference in answers between those who know what they're talking about and those who don't.

In California, the answer to your question would be:

Nothing, provided the documentation I ask for is provided.  Even then, failure to present registration or insurance, and a refusal to discuss that, still only results in a ticket and a "Have a nice day."

Not presenting satisfactory identification and refusing to answer questions will definitely get you arrested, however.   Then you can refuse to talk all you want and you'll get your lawyer eventually...like in two or three days when you get hauled into court, assuming nobody figures out who you are in the meantime (and chances are pretty good it would get figured out in short order anyway).  

Answer 6

You are to be arrested and post bail.

Answer 7

If I stop you for a traffic violation and you provide the required documents, you will get a summons for whatever it is that I stopped you for and be on your way.

If I stop you for suspicion of a criminal act or if I have some question about your documents that you refuse to answer we will talk after your lawyer meets us at the jail.

Your lawyer will answer any questions that you have and then you or he will answer my questions. I will then decide what to do with you based on the reason that you were stopped and your answers (summons, criminal charges, release, etc).

Then he'll help you in recovering your car from the impound yard.

Your right to remain silent does not allow you to refuse to give basic identifying information such as name, address, date and place of birth, social security number, etc.

We will hold you until we are satisfied of your true identity and that you are not a wanted person.

Answer 8

As long as you produce a valid license, proof of insurance and a current registration, probably nothing but write you a ticket for the violation. If you refuse to answer  when he asks a legal question, he will arrest you and then you can wait for your attorney in a cell. You do not have the right to remain silent until arrested.

Answer 9

ok I had to change my answer I just asked a cop

he said they can arrest you for  breaking the law and refusing to sign the ticket but it's different in all states and you are guilty for speeding you won't win in court

Answer 10

Arrest you and let you wait for the lawyer in a cell.

Answer 11

As long as the speeder gave me their drivers license and proof of insurance, nothing.  They don't have to talk to me, just provide me with the required documentation.  I would issue the ticket, and go about my shift.  Remember that the person does not have the right to remain silent on a traffic stop, but why worry about it?

Miranda (the right to remain silent) and lawyers only cover self incriminating statements made when the person is in custody and being interrogated.  Being stopped for speeding is neither of those.

Now, if they failed to provide the required documentation.  That is different.  Providing documentation does not fall under Miranda.  They must provide that documentation or face physical arrest.