laywer at traffic stop

What is the name of your state (only U.S. law)? ohio

Can I demand a lawyer be present at questioning during a traffic stop?

No, because no one is going to wait for your lawyer to show up. However, you can refuse to sign the ticket, let them take you to jail, then you can call your lawyer when you get there. Your lawyer can meet you at the jailhouse.

Actually, the answer is yes. You can. Once you request an attorney, the officer should stop questioning until you get one. You would still need to sign the ticket or be taken in for failure to promise to appear. But, the questioning should stop.

Thanks, In ohio a traffic stop is a criminal investagation. I know, but don't undertand the traffic laws so I need legal advice at traffic stops. Its my understanding I have a right to counsel at custodial police investations.

tranquility said:

Actually, the answer is yes. You can. Once you request an attorney, the officer should stop questioning until you get one. You would still need to sign the ticket or be taken in for failure to promise to appear. But, the questioning should stop.

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Can i stop answering questions like my name, address or give other information like my license as it might incriminate me? Could I agree to give this information and sign the ticket after speaking to counsel? I would not be refusing to sign but need counsel first in order to understand what I am signing. I would like to hire counsel for this kind of situation.

Dillon said:

Can i stop answering questions like my name, address or give other information like my license as it might incriminate me? Could I agree to give this information and sign the ticket after speaking to counsel? I would not be refusing to sign but need counsel first in order to understand what I am signing. I would like to hire counsel for this kind of situation.

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Questioning is one thing.

Producing the required documentation at the officer's request is another.

Yes, you have to provide your license, registration and proof of insurance.

cyjeff said:

Questioning is one thing.

Producing the required documentation at the officer's request is another.

Yes, you have to provide your license, registration and proof of insurance.

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Am i required to incriminatge myself?, sounds Unconsitutional! That's why i need a lawyer at the scene. Just out of curiousity, what jurisdiction of law requires individual juristic persons to producing these documents?

Common Law, Equity Law, Admiralty/Maritime, Administrative Law, Private Law, Public Law, International Law, Constitutional Law, Treaty Law, Federal Law, State Law, Municipal Law, Corporate Law, Contract Law, Tax Law, Civil Law, Criminal Law or Bankruptcy Law

Remember when you went to get your driver's license? There were some things you agreed to do in exchange for that cute rectangular card that you got? THAT gives the officer rights. You AGREED to comply.

NotClueless said:

Remember when you went to get your driver's license? There were some things you agreed to do in exchange for that cute rectangular card that you got? THAT gives the officer rights. You AGREED to comply.

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So are you saying if i don't apply for a drivers license, i am not required to offer any documents to peace officer at traffic investigation? sounds good!

like illegal aliens don't need to produce id: "The decision warns, however, that the first violation of 8 U.S.C. § 1325(a) is a misdemeanor, and that if applicable state law authorizes law enforcement officers to arrest for misdemeanors only if committed in their presence, they would not be authorized to arrest aliens for illegal entry (unless the officers should happen to know that the alien had previously been convicted of illegal entry) unless they saw him/her cross the border. The disappointing aspect of Gonzales is the statement that an alien's 'inability to produce documentation does not in itself provide probable cause (to arrest).' See Gonzales v. City of Peoria."
—US Department of Justice, United States Attorneys Manual, Criminal Resource Manual, Title 9, §1918 Arrest of Illegal Aliens by State and Local Officers

Go Figure, thanks, you seem to be correct?

Dillon said:

Can i stop answering questions like my name, address or give other information like my license as it might incriminate me?

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No. Identifying information for bookings and citations are generally outside the scope of Miranda. If you refuse to provide that information, you will be arrested and booked into jail until you can be properly identied.

Oh, and your car would likely be towed as well.

Could I agree to give this information and sign the ticket after speaking to counsel? I would not be refusing to sign but need counsel first in order to understand what I am signing. I would like to hire counsel for this kind of situation.

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No officer is going to stand on the roadside waiting for your attorney. If you failed to provide the information necessary for the officer to complete the citation, you would almost certainly be hooked and your car towed. You would be permitted to call your lawyer from jail.

- Carl

Dillon said:

So are you saying if i don't apply for a drivers license, i am not required to offer any documents to peace officer at traffic investigation? sounds good!

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And you would be arrested and your car would be towed.

Doesn't sound so good ... the officer would have a lot more paper to write.

- Carl

You said"So are you saying if i don't apply for a drivers license, i am not required to offer any documents to peace officer at traffic investigation? sounds good!"

Seriously...if you don't apply for a license, or receive one. you are not allowed to drive, so there should be no traffic stops in which you would be required to produce any documents because YOU ARE NOT ALLOWED to drive.

swrdmbo said:

Seriously...if you don't apply for a license, or receive one. you are not allowed to drive, so there should be no traffic stops in which you would be required to produce any documents because YOU ARE NOT ALLOWED to drive.

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Jaywalking....

CdwJava said:

No. Identifying information for bookings and citations are generally outside the scope of Miranda. If you refuse to provide that information, you will be arrested and booked into jail until you can be properly identied.

Oh, and your car would likely be towed as well.


No officer is going to stand on the roadside waiting for your attorney. If you failed to provide the information necessary for the officer to complete the citation, you would almost certainly be hooked and your car towed. You would be permitted to call your lawyer from jail.

- Carl

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Agreeing to identify and sign citation upon condition of speaking to counsel first. I don't understand traffic laws and about signing citations. i am not an individual juristic person under a perfect and absolute obligation to carry state property. it's my understanding that the state owns the license.

also if the car, can be taken without my consent, its not my property.

swrdmbo said:

You said"So are you saying if i don't apply for a drivers license, i am not required to offer any documents to peace officer at traffic investigation? sounds good!"

Seriously...if you don't apply for a license, or receive one. you are not allowed to drive, so there should be no traffic stops in which you would be required to produce any documents because YOU ARE NOT ALLOWED to drive.

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do you mean, I can not drive a motor vehicle? i am not in the business of operating my vehicle for hire. Aren't all licenses business license?