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Invoking the 5th

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M

millerlite

Junior Member
What is the name of your state (only U.S. law)? Hawaii

If during the course of your/my trial and the Judge asks you "So what do you presume your speed was"(or how fast were you going)? What would be a respectful way of taking the 5th amendment?
My thought would be something like this: "Your Honor, since I am without counsel at this time I wish to invoke my 5th amendment rights".
Any others???

Also, what do you all think about this sentence/statement that was on the court form in bold type and underlined that was sent to me after I lost my TBD: 'By signing the Request for Trial Form below, you understand and agree that if judgment is rendered in favor of the State at the new trial, the judge may impose a monetary assessment greater than that assessed at the hearing or written on the citation'.(?) It seems they are trying to bully/threaten/discourage you if you decide to go to court.

Anyways, all replies have something useful in them.
Thanks.
 


T

tranquility

Senior Member
Your "strategy" would work only if there is no evidence against you. If the police officer shows up, you're done.

(Also, you can't selectively plead the 5th. It's all or nothing.)
 
Y

yomomma

Junior Member
millerlite said:
What is the name of your state (only U.S. law)? Hawaii

If during the course of your/my trial and the Judge asks you "So what do you presume your speed was"(or how fast were you going)? What would be a respectful way of taking the 5th amendment?
My thought would be something like this: "Your Honor, since I am without counsel at this time I wish to invoke my 5th amendment rights".
Any others???

Also, what do you all think about this sentence/statement that was on the court form in bold type and underlined that was sent to me after I lost my TBD: 'By signing the Request for Trial Form below, you understand and agree that if judgment is rendered in favor of the State at the new trial, the judge may impose a monetary assessment greater than that assessed at the hearing or written on the citation'.(?) It seems they are trying to bully/threaten/discourage you if you decide to go to court.

Anyways, all replies have something useful in them.
Thanks.
Click to expand...
If you get to the point where YOU are giving testimony, your case is lost. Your defense should be focused on getting an acquittal after the state rests. And answer that specific question with "I dont know", not "I was not speeding" your word v cop's? You lose anyway.
 
Zigner

Zigner

Senior Member, Non-Attorney
yomomma said:
And answer that specific question with "I dont know", not "I was not speeding"
Click to expand...
So, your advice is for the op to either LIE, or admit that he has no idea of his speed, so the court will have to use the only EVIDENCE it has. Nice :rolleyes:
 
M

Maestro64

Member
the simple thing to do is first do not allow yourself to be sworn in as witness. If you notice lawyer and DA are not sworn in only witnesses or defendants.

Next when asked to answer question design to be admission of guilt or interrogatory you simple say you are not testifying on your behalf.

Simple put even the officer showing up is not enough the officer still have to proved your speed, it not a guess or estimated it has to be fact and he has to in most states and courts back up the ticket with evidence such as Radar or Lidar evidence. Even if he attempt to use visually estimate he has to back it with the proper training.

You focus to show the officer failed to follow proper procedures and such. However from the courts side if they can get you to admit your speed, you made their job easy.
 
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