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Speeding ticket trick?

Discussion in 'Other Off Topic Forum' started by matterhorn762, Jul 26, 2004.

  1. matterhorn762

    matterhorn762 Formula Junior

    Apr 19, 2004
    331
    Tennessee
    I just saw this on 5th Gear tonight. Let's say you are driving with a buddy and get flagged down to get pulled over. You do so as soon as you realize this is going to happen, so there's some distance between you and the cop. You then both get in the back seat and not answer any questions when the cop comes up to the window.

    Can either one of you get a ticket? You don't have to answer any questions as to who was driving, else that would be self-incriminating (although I'm sure the cop would ask). Say you are both just silent and both present a valid driver's license. What would happen? I don't see how the state can prove you were driving, assuming you pulled over quickly enough and the cop in-car camera didn't catch anything.
     
  2. Auraraptor

    Auraraptor F1 World Champ
    Lifetime Rossa Owner

    Sep 25, 2002
    11,387
    MO
    Tint would help here too. A real 2 seater sports car would not...:p
     
  3. 62 250 GTO

    62 250 GTO F1 Veteran

    Jan 9, 2004
    7,732
    Nova Scotia Canada
    Full Name:
    Neil
    The car could be impounded due to it was in a getaway from a cop, no? 2 people saw what happened and wouldn't say who was driving, obstruction of justice, no? He also could shoot the both of you and plant a gun. Be careful! We would miss you! ;)

    Why goto the trouble of racing away, pulling over and jumping in the back seats? Just pull over and unload a couple in the chest. If you feel sporting, use a grenade. Uh, have I said too much? :(

    One more thing, wipe down the steering wheel and shifter. If you coat them with cocaine, they can't dust for prints!
     
  4. matterhorn762

    matterhorn762 Formula Junior

    Apr 19, 2004
    331
    Tennessee
    No need to race. Just pull over and jump in the back seat. There's almost no way he can see who jumped into what seat, unless he sneaked up on you before flashing his lights.

    Also, it is not obstruction of justice to stay silent. We still have the Bill of Rights* (*void where prohibited by law).
     
  5. 62 250 GTO

    62 250 GTO F1 Veteran

    Jan 9, 2004
    7,732
    Nova Scotia Canada
    Full Name:
    Neil
    Ok, I didn't want to say this....

    I wouldn't do what you are saying because it would make me and my "friend" look wickedly gay. There happy. Hahahahahhahaa!
     
  6. tvrfreak

    tvrfreak F1 Rookie
    BANNED

    Mar 31, 2003
    3,879
    Arkansas
    Full Name:
    F K
    Interesting idea. My first reaction was that it would be construed as obstruction of justice. However, you have to be charged with that first, so it sounds like a good gamble. For a two-seater, get out of the car. When the cop pulls up and orders you to get back inside, make sure you switch. If the friend is willing to get the ticket without uttering a word, it can be easily beaten in court. All he has to do is say he was not driving, and plead the 5th when they ask who was. Of course, they'd have to believe him in court. Proof that the car belongs to someone else might help with that.
     
  7. matterhorn762

    matterhorn762 Formula Junior

    Apr 19, 2004
    331
    Tennessee
    You cannot be convicted of obstruction of justice if you physically comply with everything the police officer tells you to do (get out of the car, get in the car, whatever). But there's nothing that says you have to answer questions that would incriminate you, although police officers will try.

    Nor would you have to prove that you were not driving the car in court. The police officer has to prove that your WERE driving the car in court. The burden of proof is on the state. Given the fact you were found in the back seat, or standing behind the car with somebody else, I don't see how this is possible unless the cop was close enough to get you on his video camera. Who the car is registered to is also irrelvent, because it does nothing to prove you were driving it (unless you're the only one in the car). All you would have to do is go to court and say "prove beyond a reasonable doubt I was driving the car."

    It would be interesting if a lawyer could add to this discussion.
     
  8. 96impalaSS

    96impalaSS F1 Rookie

    Dec 8, 2003
    3,504
    Hell
    Full Name:
    Chris
    I wish one would. I'm really liking this idea.
     

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