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Old 10.16.2007
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Legal Question for you drivers

How many of you driver have an attorney on call?

Any time you are question by law enforcement you may request an attorney. I have an attorney the deals with trucking law, and have paid him $2.5K to be on call. I have his card in wallet with numbers to call him at any hour of the day.

I think of it as cheap insurance, better safe then sorry. All it takes is 1 second to be involved in an incident. With out good legal advice you are digging yourself into hole that may be hard to get out of when you get an attorney after the fact.

Mark
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Old 10.17.2007
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Never heard of a cop letting any "suspect" make a phone call during a stop. You try this you may find yourself cuffed and stuffed with a faceful of pavement to boot. Heres a better idea: say yes sir, no sir, do not offer any more information other than what the officer has asked you. Sign the ticket and be on your way. Attorneys are for court not for road side stops by the cops. It may be smart to remember that.
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Old 10.17.2007
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Quote:
Originally Posted by jlkklj777 View Post
Never heard of a cop letting any "suspect" make a phone call during a stop. You try this you may find yourself cuffed and stuffed with a faceful of pavement to boot. Heres a better idea: say yes sir, no sir, do not offer any more information other than what the officer has asked you. Sign the ticket and be on your way. Attorneys are for court not for road side stops by the cops. It may be smart to remember that.
Your right, for the standard roadside stop. The above was for more than just getting a ticket on the roadside. During a road side stop, you have not given up your rights. But once the LEO starts requesting any other then the basic information, you have the right to have an attorney. I did not say grab your cell and call the attorney that moment. Just keep your mouth shut and ask for your right to have an attorney present for any and all questions.

I meant this more for that dread accident which involves either death or major injury.

Attorneys are used for more than court. First thing an attorney is going to tell is say nothing but name, address, paperwork like stuff. Once LEO starts requesting any other information request to speak to your attorney.

It is standard operating procedure to try and get to say any thing and everything. LEO can and will lie to you to get information. They do not have to read you your rights until they are ready for the official questions.

By your above statement, you do not understand your rights. Please spend the money for an hour of time and talk to a criminal attorney about your rights. I understand my rights, I use to be LEO. Any time an LEO is accused of any thing we are told to shut up and ask for an attorney, per the FOP.

We do a very hazardous job day in and day out. If any thing happens, the LEO will try to blame you the driver, the DA is going to try and get you the driver, your company is most likely going to let you hang. Do you think your company is going to supply you legal help or money that is not in their best interest?

Mark
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Old 10.17.2007
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Well, actually Miranda pertains to CUSTODY. Coming from LE myself, I would simply advise to be as cooperative as possible, while at the same time CYA.
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Old 10.18.2007
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Goat88, you are correct to a point. Both you and I, and most other ex-LEO understand the games that can be played. The average person doesn't know to keep their mouth closed, and will talk themselves into a hole. Once down in the hole it's very hard to get out even with legal help.

I was in no way stating not to be cooperative, it's always better to be in the yes sir, no sir state then trying to argue on the roadside. Once the stop goes beyond the road side ticket, it's best to shut up.


Mark
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Old 10.21.2007
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IMHO do not do ANYTHING to "jerk their chain" so to speak...and do the yes sir/maam or no sir/maam routine and hopefully be on your way...
mind you do not offer any unsolicited info or fatcs, and be as NON-comittal as possible...cooperate but do not roll over...honestly #### Them! After ALl they work for us! BUt if you step wrong, the SAD truth is that you may find yourself in a BAAAAD way at the hands of these corrupt fools...and if that happens no lawyer is gonna be able to help you...

-M-

Last edited by Cybergal; 10.22.2007 at 08.20 AM. Reason: edited for word censor
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Old 10.21.2007
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To be really honest.. just being really polite and use of sir or ma'am has gotten me really far. I didn't have an attorney on call really, but I do have one that I turn to. He's the judge here anyway so...
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Old 10.22.2007
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Talking Admit to Nothing, and Deny Everything...

First, and foremost don't do anything outside of the law, and your worries will be few.

However, in some instances, it is better to sit down, shut up, and lawyer-up. If you're one on one with a LEO, and it appears your are being interrogated it is probably best to use Hilliary's famous response, "I don't recall" until you either get charged with something, which changes your legal status, or, you are no longer detained.

Accident investigations require you to obtain, and submit, names, addresses, and the usual identification of those involved. Are there reluctant witnesses on scene? Take their picture and a picture of their license plate. In fact takes lots of pictures, especially anything incriminating in the other vehicles, such as open alcohol containers, etc.

Whatever you do, even if you run over the Pope, do not apologize. It is an admission of guilt and will come back to haunt you.
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Old 10.24.2007
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I also have a law enforcement background. My opinion on attorneys is not terribly high. I do believe it is in your best interest to have a "family attorney" that you can deal with in the normal course of your life. This person will probably not be a criminal attorney, but you can bet that he will have a lot of contacts with them, and can make a quick referral. I know you are thinking about when you are clear across the country from home, but I'll bet your old family shamus could still hook you up with someone.

I've seen these advertisements for attorneys on call. I believe they are just more money grubbing dirt bags that are out to make a few bucks without doing any work. Yeah, they probably will defend you if you need them. But will they be any good? "Attorney Insurance" is just another gimmick to make them money. At least that is my opinion.

What exactly are you getting for your hard earned money, that you would NOT get if you didn't get into this program?

Did I mention that attorneys are not high on my list????
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Old 10.26.2007
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Well first off I have contacted local attorneys fresh out of the yellow pages to fight traffic tickets I received in their area and been quoted fees of 600 bucks and more. Compare that to a legal plan of $3.00 per wek for insurance (tax deductible) and if you get a ticket they will fight it for you for an extra $100.00 fee. Now with the other paid legal services they will charge you roughly $300.00 to represent you with a local attorney. In both cases any fines levied by the court will be your responsibilty but I would much rather pay 100.00 for an attorney than $600.00 And to answer your question both times I have used coast to coast for tickets I have had 1 dismissed altogether and the other dropped from 71 mph in 1 55 zone (Ohio) to a no points equipment violation.
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