Old 06-05-14, 09:48 AM
  #25  
Brennan
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Originally Posted by 02Giant
Exactly. A citation wasn't needed, what would have been wrong with a reminder of the ordinances or even a warning? Does every piddly azzed infraction require identification and citations? Is there no discretion now days?
For all we know, the cop was going to issue a warning. But we'll never know because the cyclist decided to be argumentative and refused to identify himself. So what could have been a warning, or at worst a citation with the right to dispute it in court, instead ended up as several hours in lockup. Now please understand I'm not trying to be an apologist for overzealous enforcement. I'm just trying to illustrate the best way to navigate the legal system as it exists. Learn the law and assert your rights, such as the right to remain silent or the right to refuse a request for a search, but also comply with lawful orders from a police officer, such as an order to identify yourself (depending on your locality). This is the best way to protect yourself and to avoid unpleasant outcomes such as this one. Even if a cop is out of line (perhaps especially if a cop is out of line) being argumentative and uncooperative will make things worse for you in a hurry, as the cyclist in the article found out. Again, not saying it's right. I'm saying it's the reality we face. The best place to make your case is in a court of law where a judge is in charge. The worst place to make it is on the street where the cop is in charge.
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