Video on why never talk to cops

Discussion in 'Trucking Industry Regulations' started by TennTrucker, Oct 29, 2011.

  1. Superhauler

    Superhauler TEACHER OF MEN

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    an officer that dot me once asked when was my last change of duty. i looked at him and said i dont remember what does my log say. he stared at me for a few seconds and handed back my book and said you win have a good trip. thank goodness he was in a good mood that day!
     
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  3. milskired

    milskired Road Train Member

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    Then you could always say I am going to exercise my constitutional right to the 5th amendment or your going to exercise your miranda rights.
     
  4. Eaton18

    Eaton18 Road Train Member

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    Implied Compliance??? I think you're confusing Implied Consent with this. There is such a legal term called Implied Consent, which is commonly used in laws regarding B.A.T. (Breath Analysis Test). One such example is when you obtain your Driver's License, your consent for such testing is implied by the issuing and acceptance of the license.

    The Implied Compliance is a manufactured, fairy-tale. There is no such thing. While we are to comply with lawful orders of a LEO, there is nothing legal about forcing or compelling you to answer any questions where you could incriminate yourself.
     
  5. shredfit1

    shredfit1 Road Train Member

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    I didn't say 'Implied Compliance' was legal, or Constitutional. 'Implied Consent' is used for DWI offenders... 'Implied Compliance' is used for example, helping a DOT officer weigh your truck on portable scales... In other words, it is 'Implied' that you MUST comply, even though doing so could incriminate yourself. So it's NOT a manufactured fairy-tale, and there IS such a thing. They also try to include the same 'Implied' implication on interviewing say a truck driver about cargo ect ect ect... Again, it's a way to tiptoe around someone's Constitutional Rights. Do I agree with the scope that LEO's try to use 'Implied Compliance'? Nope, not at all.

    After looking into it appears that 'Implied Compliance is under state law. It may be a localized thing... Here is why, Say a farm worker driving a truck with sweet corn from the field is pulled over... and the DOT wants to weigh them... They could choose not to cooperate and throw the DOT the keys and say, 'Knock yourself out, do what you gotta do'. However, here comes the problem. The DOT is NOT authorized to drive the truck. They would have to call the trucks owner, then get some sort of liability waiver for insurance etc etc etc.... and arrest the driver, have the truck towed. This would turn a 45min stop into something that would/could take 8 to 10 hours. Therefore, states evoke the 'implied compliance' law... Even though it's clearly not Constitutional, and borderline illegal.
     
    Last edited: Jul 22, 2012
  6. Sly Fox

    Sly Fox Road Train Member

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    I've been pulled over five times in a CMV for breaking the law. Four times I talked myself out of a ticket (twice speeding, once running a red light that was timed WAY too fast from yellow to red and another for running on a flat tire). The other time, the officer changed the offense before court to a parking ticket all because I was nice and I didn't lawyer up as others suggest. Still cost me almost $300 for the fine, but no moving violation on the record.

    I'm certain if I didn't say anything in the other four pullovers, I would've received a ticket each time, and probably OOS for the tire and had to pay road service. Instead, I got a free escort while I limped my truck the last 20 miles to the next truck stop. And I'm certain if I didn't say anything in the one I went to court over that the officer wouldn't be as understanding and giving me a reprieve into a non-moving violation if I had been non-cooperative or upset and had brought a lawyer to fight it.

    Now, if you're talking DUI, you have to at least follow lawful orders, whether you want to talk or not. So, blowing on the BAC test or doing a field sobriety would still be required. Your results will speak for you. You're implied consent to a test by having a license means you fail the test by declining to participate.
     
  7. crzyjarmans

    crzyjarmans Road Train Member

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    If a cop gives you attitude for the getgo, I can understand returning the attitude, but to just start off with attitude (in my opinion) Is just plan stupid, I've had 4 tickets in my 24 years driving a truck, two speeding, One i fought and beat, because i wasnt speeding and the other I paid, well?, because I was speeding, Had a missing mud flap, witch i paid, and right turn on red signal where i wasnt suppose to, didnt see the sign, my bad, paid that one too,I cant remember how many times Ive been stopped buy the boys in blue, but 99 out of a hundred, no ticket, Now, I did at one time have a cop give me attitude from the start for the stop, and I asked him?, Why are you being so rude?, cant we do this in a polite manner?, He paused for a moment, And said, Im sorry, your right, Have a nice day, handed me my stuff, we shock hands and parted ways, Dont talk to cops?, maybe you should learn the proper way to talk to cops
     
  8. Quickfarms

    Quickfarms Heavy Load Member

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    You have to give the cops the required documents and answer there questions. But anything beyond that can be just digging yourself a giant hole. A lawyer friend of mine tells all of his clients to tell the officer "I would feel more comfortable talking to my lawyer about this first". On the other hand I know several cops that talk about how people have talked there way into a ticket.
     
  9. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    Hand over the required documents, yes. But you are under NO obligation to answer any question....you have the right to remain silent. If the cop has a question about when or where your day began, it's in your log book. Where did the load originate, where is it going, or what's in the trailer? It's on the BOL. The answer to every question he's going to ask you can be found in the paperwork you are required to have. Personally, I'm not a clock watcher. I don't memorize the times I make each of my stops....just glance at the clock so that I can make an accurate entry in my log book and then I forget about it. Any answer I give based upon my sketchy recollection of my day's activities might not line up with my log book...so even though my log book is correct (I log it as I do it), I would be accused of falsifying. Much easier to just not answer the question.
     
  10. slowpoke89

    slowpoke89 Road Train Member

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    Funny how these "anti -govt" people like shred have had leo's on here tell him directly that the whole "call the u.s. marshalls on the dot" thing is just c.b. radio ########, and how the regulations work, but still cant get it through their thick skulls. Would you rather have trucks going down the road and shedding parts? Drivers force to take "stay awake" pills just to complete a 20 hour driving shift, just to plow into a family car? Just because you have a constitution doesnt mean just pick and choose which regulation to follow, or use that idiotic excuse that"its a regulation, not a law". Funny how people will try to come up with some garbage that just because they lean a certain way politically, that some rule doesnt apply to them. Im not saying i agree with all the regs, but breaking them, believing that you'll never get caught, then pitching a fit about government conspiracy/socialism,etc after you get caught just shows ignorance and poor judgement on your part.

    Like a trooper told me once, "ignorance of the law is no excuse." Some of us have managed to last a good 15 years or more without any tickets or wrecks, made a good living, and without having to con our way out of tickets.
     
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