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Old 10-18-08, 06:25 PM
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EatMyA**
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Originally Posted by HoustonB
This type of incident is much easier to relate to if we can see it for ourselves on youTube or equivalent.

Is there any chance you can invest in a helmet cam, for example the Oregon Scientific ATC2K, $87 and up, probably a lot cheaper if bought used on eBay or from Craigslist.org, or its equivalent.

Regarding your specific incident, I don't think lane splitting is illegal in any state, and is actually encouraged in many states, most people know it better as "share the road". If I cannot lane split on approaching a line of stationary traffic, then ALL traffic cannot pass me using the same type of lane.

A moving violation would have to be much more significant to warrant spending time in custody, for example using one vehicle to deliberately collide with and damage another vehicle. If there is any question with regard to your identity, then an officer can detain you until your identity has been ascertained - this is not the same as being under arrest.

In most interactions with an officer, after you have identified yourself you are under no obligation to provide any further information.

Officer asks "where are you going", how are you supposed to answer? "I'm going down this road, when I get to the bottom I may turn left, or right, depending on the traffic. Usually I like to turn left and stop at the Safeway for a hot soup. Sometimes, blah, blah, blah...."

Officer asks "where are you going, what is your ultimate destination", how are you supposed to answer? "Well ultimately I guess my destination is my grave, I'm hoping it will take another 40 years to get there, at the moment I'm not sure of the route. Maybe I'll get to write the novel that is in me, blah, blah, blah...."

You are driving your car in a 25 mph zone and you know you are well above the speed limit, officer asks you "do you know how fast you were going", you know you were doing 35, so you say "I think I might have been doing 28 to 30", wrong answer, you just provided a confession. The correct answer is "I'm sorry officer I do not know how fast I was going just a moment ago, can you please tell me?"

If we are caught breaking [traffic] law, the officer should be specific and write a ticket, or write a warning and let you know what you were doing wrong. Always be polite and civil, but there is no need or reason to provide confessions or superfluous detail. The only person qualified to know if you are obliged to answer a question is your attorney, when he or she is sitting next to you.

This is not legal advice, I am not practicing law.
best answer if you want to be polite is "I'm sorry. I have nothing to say."
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