Who is right?

This is the forum frequently asked questions section and will always be a work in progress.

Why create such a forum?

Several reason's have lead me to create this forum but the biggest is the over moderation and censorship on previous forums that I have visited has inspired to to create a forum solely about today's politics. Today's politics are more controversial than they ever have been and …

The Rules here are very simple

-No Attacking a person's race and/or religion
-No Personal Threats (this includes the politicians)
-Stay on Topic
-No links to porn sites and nudity
-Swearing is allowed but it has to be appropriate and NO F-bombs and other grossly vulgar words

-Don't be a douchebag

Most offensives will get a warning, however you may not even get a warning and you may be banned, …

Community Organizer Posts : 116 Join date : 2010-08-29

I just saw this on ksl a guy is suing a State Trooper because she tased him during a traffic stop. You can't go off of what the article says cause they leave some big details out. Basically the Trooper indicates that she smells alcohol on the driver and asks him to step out of the vehicle. Presumably to perform some sobriety tests. The driver refuses to get out of the vehicle and demands that he wants to contact his lawyer. I didn't count but the Trooper asks the driver to get out of the car more than 5 times, while the driver continues to insist on contacting his lawyer at 1 in the morning. After being drive stunned and more back and forth the driver gets out of the vehicle still won't cooperate and the Trooper places him under arrest.

My question is this, Does an individual have the right to contact their lawyer before submitting to a field sobriety test such as this man believed he had the right to. Or does he get to talk to his lawyer after the tests are done and he is going to jail. I don't believe you have the right to a lawyer during a traffic stop. I believe the supreme court has ruled that you don't have to read someone their miranda rights until you place them under arrest. I could be wrong on that one.

Here is a link to the story. http://www.ksl.com/?nid=148&sid=15728616 You have to watch the video to really understand the situation. Plus I think the country music from the troopers radio is a nice touch.

Newbie Posts : 26 Join date : 2011-04-11

You do not have the right to an attorney until after you have been arrested.

You do have the right to refuse to take a breathalyser. You do have the right to refuse to take a field sobriety test. You do have the right to request your ID to be returned to you if you are not being arrested, so that you may leave.
You have the right to leave if you are not being arrested.

Remember this,
YOU HAVE THE RIGHT TO REMAIN SILENT AT ALL TIMES, BEFORE, DURING AND AFTER THE ARREST.

TRY TO HAVE THE ABILITY.

ANYTHING YOU SAY, CAN AND WILL BE USED AGAINST YOU EVEN IF YOU SAY IT BEFORE BEING ARRESTED.

So, the only thing to ay is, "Am I being arrested?" if the answer is yes, cooperate fully. If the answer is no, ask for your ID and permission to leave.

The LEO has to do one or the other.