Is anyone here actually a lawyer, or super well versed in the law?

[Strifer]

Originally Posted by Daliant17447 [You must be logged in to view images. Log in or Register.]

So wait, I need to acquire 9 STDs before being eligible for young doctor camp?

Looks like you may have to camp some hookers, just pray you get FTE.

[Ele]

I require $10k retainer before looking at web links.

[Hollywood]

Dan consulted the Vehicle code and the powers of arrest by a peace officer and it turns out that peace officers only have the authority to make an arrest without a warrant if they have probable cause to believe a public offense has been committed in their presence. A public offense according to 683 of the Penal code is a type of offense that warrants a criminal prosecution. But since infractions are not crimes, then it can’t be a public offense. Some of you may think “wait a minute, I’m not arrested when I’m given a ticket.” Oh yes you are. According to 40500 of the Vehicle code a traffic stop and issuance of a notice to appear constitutes an arrest, besides what happens if you refuse to sign the ticket? They’ll hall you off to jail.

A) You are not under arrest, you are being detained. There is considerable difference.
B) To agree or refuse to sign a ticket does not mean admission of guilt either way.

I do not see the connection.

There's a good bunch of lawyers on Straight Dope. Put this in the IMHO or Great Debate section. A guy named Bricker might respond.

[Hasbinlulz]

I think you're detained until the point where they cite you. At that point, you're arrested, cited, and released. Ofc, I'm not a pig or a lawyer, so my opinion is worth shit, but if i understand this and my previous experience correctly, that's how that one issue goes down.

[Humerox]

Well...there's a difference between infractions and violations, that I do know. The severity of the offense dictates what's what...a speeding violation could be either depending on local law and where they draw the line as far as miles per hour over the limit.

Say you're doing 20 in a 15 mile-an-hour school zone. It would all depend on the officer, but it could be either an infraction or a violation...as it could be deemed that the speeding "threatened to cause injury to a person".

Riding the line on technicalities worked for that fella that time.

[Hasbinlulz]

I see. Moar pls.

[Ephirith]

Trying to impede the enforcement of laws is a pretty curious way to object to laws, imo

If you're determined to make somebody's day more difficult, I'd think a politician would be a better candidate than a police officer.

[hatelore]

Originally Posted by Strifer [You must be logged in to view images. Log in or Register.]

is this you?

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^Yes sir, that's me. Don't you love my eyes? [You must be logged in to view images. Log in or Register.]

[OforOppression]

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[Lictor]

A poorly written article to try and draw any legal precedent from. The author does not give adequate facts, procedural history, or citations to reach the stated conclusion.

Going off what only appears in the link, it appears the defendant was given a speeding ticket and alleged the officer did not have probable cause to issue the ticket ( ie: the officer didn't clock the vehicle with a radar gun, didn't actual see the speeding etc...). The State did not present any evidence to prove a speeding infraction, $250 fine or less, occurred and the charge was dismissed.