How should I approach a resisting an officer ticket ? pay it
or take it to court? I got pulled over.
First thing on my mind I’m obviously mad at myself for speeding. My second time
in 3 months and I’m 18. I have no license but a permit. The officer approaches me,
and flashes his flashlight in my face so i swipe it away from my face because I
feel that’s rude. he proceeds to call back up. Another officer asks me to put
hands on wheel so i jump out the car and tell them I have nothing so stop
asking me. They tackle me even though i don’t show any action that I’m
resisting. So, they put me in cuffs for speaking my mind and acting irritated
about the whole situation.
Answer by Atty. Jay K. Nixon, Avvo Rating: 10, Criminal
Defense Attorney in Kenosha & Janesville, WI
Aside from protecting your personal safety during an arrest, by compliance, if you have two moving violations within three months, you are
in possible danger of losing your license, and should have a lawyer analyze
your record to see if you have that problem. Either way, it is always
worthwhile to have your lawyer get you the best possible deal for any moving
violation, since they impact your life in many ways, not the least of which are
your insurance rates and driving privileges; For any job involving driving,
they could affect your employability. In this case however, you added in more serious charges relating to your behavior with the officers,
whether or not you deserve it. "Just paying it," may or may not be an option. If it is a criminal charge with a mandatory appearance, an arrest warrant will be issued against you, regardless of whether or not you post a bond.
During times of civil unrest like these, you were also lucky
not to have been shot by an overly nervous officer. In any situation when you
are detained, the only intelligent response to any police request is "yes,
sir," followed by precise compliance. You are correct that you have a
right to remain silent, but basic questions like "what is your name;
" are probably better answered. If not, the police are within their rights
to hold you until they can determine who you are. The right to remain silent is
also ambiguous in civil forfeiture cases like speeding or non-criminal, ordinance resisting arrest, since in civil cases,
your silence can be used against you, unlike in criminal cases.
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