I've been stopped by a cop. What do I do now? STFU!

[Spaulding Smails]

Those Youtube videos are good. I have a question. Can a cop arrest you and take you to jail for anything, even a minor traffic violation?

Quick story, I was at TMC several years ago, had a few martinis DURING dinner, less than 1 drink per hour, left to head downtown, and was pulled over on NW Hwy. Cop SAID I ran a yellow light, but it was a bullshit excuse to pull over a sports car leaving TMC.

I was young and arrogant at the time, so took the field sobriety and breathalyzer and passed...0.076%. He arrested me anyway, took me to jail, game me another test and breathalyzer....passed again with a 0.075%. A-hole gave a lecture, put me in the drunk tank, and gave me a +$200 ticket for running a yellow light. I had less than $200 in my wallet (due to TMC donations), and they would not let me use the ATM. So, I had to spend the night and call a friend to bail me out in the morning.

I spent a night in jail for RUNNING A YELLOW light?!? I was so pissed. After inquiring afterward, I was told that the police can basically take you to the hoosegow for suspicion of ANY violation, no matter how minor. I was polite and cooperative with the cop. Probably just answered too many questions, including admitting to having had an alcoholic beverage earlier in the evening.

Any advice on how to avoid being taken to jail if you are suspected, but not guilty, of a crime? Or, just shut up, take the ride, and fight the charge later?

[delimex007]

All the police can do is arrest you,nothing more. Whether you are guilty or not is decided by the judge. Your job is to not make the task easier for the cop to convict you. By admitting you drank a few drinks earlier- the cop had every reason to arrest you inspite of you passing the breath test.

When we are young- we are naive and dont know a lot of these things. The best course of action would have been to shut up and fight later.

Not related to hobbying but- Any speeding tickets I get I never ever pay the fine. B'cos that`s admitting guilt and points on the license. As advised here- I just STFU and never ever admit to speeding if I know I was -- take the ticket,be courteous and polite . Then I call my lawyer-pay the necessary fee and he gets all the charges/ticket dismissed and no points on the license.

Moral of the story - Just STFU, be polite ,hire a lawyer and fight the charge later.

[ShysterJon]

In response to Mr. Smails' inquiries:

In Texas, a suspect can be arrested for a Class B misdemeanor and any offense more serious than that (although a recently-enacted law allows the police to release a person suspected of some very minor Class B misdemeanor offenses -- example, possession of less than 2 ounces of marijuana -- without arrest after having given them a notice to appear in court).

Regarding Class C misdemeanors (which are mostly driving-related offenses, such as speeding or running a stop sign), the maximum penalty if convicted is a fine only, not jail time. Accordingly, a cop cannot arrest you for a Class C misdemeanor. An exception is if the officer reasonably believes you are a danger to yourself or others, such as when you're publicly intoxicated. Those of us who've lived in Dallas for a long time remember how DPD used to fill up the city jail with Commerce Street revelers the night before the Texas-okiehomo game.

If someone's arrested in relation to a Class C misdemeanor, it's probably because they failed to appear in court or otherwise take care of the citation, or because they appeared in court then didn't do what they promised to do to discharge the citation. In such an event, the court issues an arrest warrant and the person is arrested for an FTA (failure to appear), not the underlying offense.

Originally Posted by Spaulding Smails

I spent a night in jail for RUNNING A YELLOW light?!?

No, you spent a night in jail on suspicion of DWI. Blowing 0.08 or above is prima facie proof of intoxication, but blowing less than 0.08 is not prima facie proof of the absence of intoxication. You could have been charged with DWI anyway if the State could have proved your ingestion of alcohol impaired your mental or physical faculties, which is the second way the State can prove DWI in Texas.

Originally Posted by Spaulding Smails

Any advice on how to avoid being taken to jail if you are suspected, but not guilty, of a crime? Or, just shut up, take the ride, and fight the charge later?

Not guilty by whose determination? Ah, you must mean yourself. You would fit in nicely at Sterrett. There ain't a guilty person in the place.

The Rule of STFU is the same whether you're guilty as hell or falsely accused of a crime you didn't commit.

[LazurusLong]

Spaulding.

When did that happen? Before or after the lowered the limit from 1.0 to .08?

If it was when the legal limit was .08 he probably figured you were drunk enough at the time to make it worth his while to keep you in jail since chances are you HAD been over the limit when you got into your vehicle and the officer wanted to teach you a lesson about drunk driving and you were lucky that's all that happened.

Depending on how far you were from the speedway, the drive time might have been just enough for you to have slipped under that .08 threshold....

I mean, from what you've posted, you most likely were at or above the .08 when you first out that key into the ignition at TMS and hit the pavement.

[Boltfan]

Originally Posted by LazurusLong

the officer wanted to teach you a lesson about drunk driving and you were lucky that's all that happened.

Lucky as in he didn't kill anyone? Surely you meant that kind of lucky.

[Spaulding Smails]

Let's see, this must have been about 6 yrs ago. I'd had less than a drink an hour and felt no buzz whatsoever. I passed all field tests with flying colors. I was not charged with PI or DWI. Laz, I was pulled over a few minutes after leaving, so I seriously doubt the drive time pushed me under the limit. I was simply not intoxicated and the officer had no proof to charge me.

I agree with your assessment, but I still harbor resentment for being "taught a lesson" for a minor traffic violation. But, the STFU lesson was learned, as honesty and passing the tests and cooperating with the officer did nothing beneficial for me.

Anyway, the moral of the story is that cops are not your friend. They are there to fuck up your world. Keep your mouth shut.

[ferdburf]

I recommend to you married guys the truthful approach when being pulled over by law enforcement if you've been drinking.

When the officer asks where you're going at this time of night, reply, "I'm going to a lecture about alcohol abuse and he effects it has on the human body."

When the officer asks, “Really? Who is giving that lecture at this time of night?”
respond with, "My wife."

[Naomi4u]

Originally Posted by Dannie

So I guess asking to suck my way out of trouble is out of the question then?

LMFAO

[gatewayloco]

Dont admit to ever being involved with any type of prostitution.....tell them instead they get a kick out of going down to these areas to check out the girls and chat with them, but that you are really a germaphobe.......if he does not believe you, you may still go to jail for something else especailly if you piss him off but more than likely it will be for something less severe........dont be rude...but dont admit to anything.

[ShysterJon]

Originally Posted by gatewayloco

Dont admit to ever being involved with any type of prostitution.....tell them instead they get a kick out of going down to these areas to check out the girls and chat with them, but that you are really a germaphobe.......if he does not believe you, you may still go to jail for something else especailly if you piss him off but more than likely it will be for something less severe........dont be rude...but dont admit to anything.

I don't agree with this advice at all. What is it about STFU that some people don't understand? It means SHUT THE FUCK UP. That includes not telling ridiculous stories that'll annoy Barney Fife and may get you arrested for POTP (pissing off the police), a/k/a disorderly conduct. Would you be convicted of POTP at trial? Maybe not, after you go through the time, trouble, and expense of a trial. Remember the old adage: You can beat the rap but you can't beat the ride.

[pyramider]

The fact remains while its in one's best interest to STFU often they just do not have the ability to STFU.

[ShysterJon]

Originally Posted by pyramider

The fact remains while its in one's best interest to STFU often they just do not have the ability to STFU.

Too true. Accordingly, I hereby declare today the Bobby Seale National STFU Day, after the great advocate of freedom and Dallas native Bobby Seale. Henceforth, to "do a Bobby Seale" means to STFU.

[LazurusLong]

10 rules when you get pulled over. Web site is www.flexyourrights.org
Part 1 of 4 http://www.youtube.com/watch?v=gmrbNLt7Om8
Part 2 of 4 http://www.youtube.com/watch?v=CKPutNg88bA

The entire video can be purchaed for $15 but all 4 parts can be viewed on Youtube one at a time if you choose.

Libertarian Judge Andrew Napalitano (sp?) had the 2 attorneys who created this video on his show and that's how I caught the video and links.

[BrookeMonroe]

STFU Good Advice!! Thanx

[Tiffany Cums]

Just think about the Micheal Crowe case and the West Mephis 3 case, they talked, there were innocent, and they were just children...but the cops didn't give a shit. They were easy targets and they needed someone to pin it on.
Talking never helps!