Arrest Warrant??? - Page 10

OrangeSapphire · #46 11-25-2008, 08:39 PM

Underage possession of alcohol is a civil infraction not a misdemeanor so apparently I won't get to face a jury or anything if I fight the ticket. That seems like it's a violation of the constitution too but I guess I'm just going to have to write a check out to the Board of Infractions or whatever even though it's week's worth of pay.

Skyy · #47 11-25-2008, 08:47 PM

Quote:

Originally Posted by OrangeSapphire

Wait so could I contest the ticket on the fact that they didn't read me my Miranda Rights but instead started questioning me (by asking how old I was) and asking for my license?

Could I have not told them my age or given them my license because I had the right to remain silent?

No. If you possess a valid drivers license, you are required to produce it at the request of any law enforcement officer and answer questions based on that license: full name, address and DOB. You did not have the right to remain quiet to that line of questioning.

An officer can ask you these questions without reading you Miranda.

shitty weave · #48 11-25-2008, 08:48 PM

maybe in your state. in texas its a class c misdemeanor. i know because ive had a mip before.

Skyy · #49 11-25-2008, 08:50 PM

Quote:

Originally Posted by OrangeSapphire

Underage possession of alcohol is a civil infraction not a misdemeanor so apparently I won't get to face a jury or anything if I fight the ticket. That seems like it's a violation of the constitution too but I guess I'm just going to have to write a check out to the Board of Infractions or whatever even though it's week's worth of pay.

You want a JURY TRIAL for a civil infraction?!

Civil infractions are not governed by the Bill of Rights, so no violation of the Constitution. Sorry, doll.