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She could have been arrested at the 1st stop for driving with an expired license! [
After she took off she was definitely going to be arrested.
As will be discussed in greater detail in Section 4.4.2, Acceptance of Guilty Plea, a judge
may not accept a guilty plea unless it is demonstrated in open court that the plea is being
made knowingly and voluntarily. To ascertain this, the judge must ensure that the
defendant understands the rights being given up by pleading guilty. Additionally, a judge
must elicit a factual basis for the plea; in other words, the judge must be persuaded that
the defendant is able to explain what the basis of the charge is. In a nutshell, a plea is
knowing and voluntary if the judge is satisfied that the defendant knowingly waives the
right against self- incrimination, the right to a trial, the right to confront accusers and
question witnesses and the right to counsel (although this will not be applicable in a
penalty assessment case since there is no jail time involved), and that there has been no
coercion to plead guilty.
Because it is certain that the law enforcement officer would not
have explained all of this to the traffic offender at the time of the stop, it is certainly
arguable that the plea on the penalty assessment was not determined to be knowing and
voluntary, and if the offender alleges confusion of some kind, the offender should be
allowed to change his/her plea and proceed to trial. jec.unm.edu...
There is ZERO argument that can be made without complete fabrication of the law.
originally posted by: windword
I can't find anything to back up that the officer was acting legally when he initially told the woman that she had to sign, admitting guilt or sign saying that you are disputing the ticket. When he told the woman that he was already cutting her a break, was that to urge to admit to speeding when she wasn't?
When she told the officer that she was afraid to get out her car because they were in the middle of nowhere, after he already threatened to arrest her, if he was acting illegally in the first place, then she had a right to seek out a more populated location, where there would be witnesses.
www.dmv.org...-Your-Options
I can't find anything in this website that says you have to admit guilt, or set a court date to fight your ticket, during a traffic stop.
originally posted by: windword
a reply to: paxnatus
Hope that clarifies the issue for you!
Nope. Obviously you haven't watched the video or English isn't your first language.