Admission of guilt in regards to traffic violations

[Svt-Sonic]

Hello gentlemen,

I heard that if you admit to breaking a simple traffic violation to the officer that he/she will likely write that on the back of this ticket that you admitted to break the law.

However is this statment admissable in court? I am asking soley through curiosity. I was thinking that because your rights were not read to you (are they only read to you in when a criminal offense has been commited?) and that you were not aware that what you say can be used against you that this would be unadmisable in court.

[cj3113]

Originally Posted by Svt-Sonic

Hello gentlemen,

I heard that if you admit to breaking a simple traffic violation to the officer that he/she will likely write that on the back of this ticket that you admitted to break the law.

However is this statment admissable in court? I am asking soley through curiosity. I was thinking that because your rights were not read to you (are they only read to you in when a criminal offense has been commited?) and that you were not aware that what you say can be used against you that this would be unadmisable in court.

I don't know what the book says, but I can speak from experience. I was pulled over once by an officer going the other way (he did a u-turn and pulled me over). I was going around a car slowing down to turn left, I assume this gave the illusion I was going faster than I really was. I was traveling between 30-35 mph in a 25 mph zone. The cop asked me how fast I was going, he said (did not have radar) that I was going 50+ mph. I told him I was going just over 30 mph. He wrote me a ticket on the count that I admitted to speeding. It was dropped in court. The judge said that the cop was not enforcing law but rather looking for reasons to give tickets.

[FordSVTFan]

Originally Posted by Svt-Sonic

Hello gentlemen,

I heard that if you admit to breaking a simple traffic violation to the officer that he/she will likely write that on the back of this ticket that you admitted to break the law.

However is this statment admissable in court? I am asking soley through curiosity. I was thinking that because your rights were not read to you (are they only read to you in when a criminal offense has been commited?) and that you were not aware that what you say can be used against you that this would be unadmisable in court.

First off Miranda warnings only have to be read to you if you are going to be interrogated/question directly in relation to a crime you are under custodial arrest for.

By admitting you were speeding, the officer can testify to your statement as a hearsay exception, as a party admission.

[jshen]

Under the landmark case of Berkermer v. McCarty..the US supremes held that routine traffic stops are not such an infringement on one's liberty to invoke Miranda..Ergo...any statement you make during a traffic stop is admissible against you.

[IEatGt's]

Originally Posted by jshen

Under the landmark case of Berkermer v. McCarty..the US supremes held that routine traffic stops are not such an infringement on one's liberty to invoke Miranda..Ergo...any statement you make during a traffic stop is admissible against you.

that's good to know.

[Svt-Sonic]

Thanks guys!

[GT_Jim]

Just to add to what was said so far. The other day I was pulled over by 2 state troopers (2 cars) One took my info and went back to his car the other stayed with me and just kept on and kept on asking me how fast i was going. Every time I said "I don't know". Now then he goes back to the other trooper and they talk then he leaves. Trooper comes back from car and gives me a warning and told me to slow down. Turns out he didnt get a verified speed on me and so they couldn't ticket me for speeding and had I admitted a speed then they could have ticketed me. I was doing 100+ in a 50 zone so it would have been a painful ticket/possible arrest. NEVER admit anything to an officer when you get pulled over, EVER.