You Have The Right To Remain Silent ! ....wtf !

XR6-VCT-2000 · 27-10-2006, 05:33 PM

My mother in law just returned from a Quick holiday in Tasmania, when she returned i was suprised to hear the following ............

After getting off the boat in Tasmania and stoping at mc'donnalds for breakfast, when leaving the carpark she was pulled over for turning 'right' when the exit sign at the maccas entrance said 'left hand turn only'.

Imediatelly she was pulled over by police for making a right hand turn. Expecting to be let off with a warning (as she is 64 and it was an honest mistake as the sign was not clearly visible), she was most suprised and a bit annoyed to issued a $80 fine and loss of 2 demerit points, and after also being handed the fine being told "You have the right to remain silent , anything you say will be used against you bla bla bla....." !!!! ...wtf ! - being read your rights just for that ! , is this actually a standard procedure nowerdays ? . They made my mother in law feel like a criminal and i too personaly didn't like the sound of the situation. Any comments ?

:

Fair enough she did the wrong thing , cop the fine and be done with it , but to be read your rights just for something like that !

poolkeeper · 27-10-2006, 05:41 PM

Quote:

Originally Posted by XR6-VCT-2000

My mother in law just returned from a Quick holiday in Tasmania, when she returned i was suprised to hear the following ............

After getting off the boat in Tasmania and stoping at mc'donnalds for breakfast, when leaving the carpark she was pulled over for turning 'right' when the exit sign at the maccas entrance said 'left hand turn only'.

Imediatelly she was pulled over by police for making a right hand turn. Expecting to be let off with a warning (as she is 64 and it was an honest mistake as the sign was not clearly visible), she was most suprised and a bit annoyed to issued a $80 fine and loss of 2 demerit points, and after also being handed the fine being told "You have the right to remain silent , anything you say will be used against you bla bla bla....." !!!! ...wtf ! - being read your rights just for that ! , is this actually a standard procedure nowerdays ? . They made my mother in law feel like a criminal and i too personaly didn't like the sound of the situation. Any comments ?

:

Fair enough she did the wrong thing , cop the fine and be done with it , but to be read your rights just for something like that !

Cops

:

pertuan · 27-10-2006, 05:50 PM

Hang on a sec. I thought you only get read your rights IF you get ARRESTED. Was that copper a young bloke fresh out of recruit school? I reckon he probably was and probably watched alittle too much TV.

XR6-VCT-2000 · 27-10-2006, 05:55 PM

Quote:

Originally Posted by pertuan

Hang on a sec. I thought you only get read your rights IF you get ARRESTED. Was that copper a young bloke fresh out of recruit school? I reckon he probably was and probably watched alittle too much TV.

Exactely , i though that was the go to , if your arrested then you get read your rights !. I think she is going to write a complaint and foward it to where the fine is supposed to be paid to .

Keepleft · 27-10-2006, 06:06 PM

I have no issue with the infringement, you are to keep a clear and proper lookout. As for being read these 'rights', take the issue up with the Tasmanian police by way of written correspondence, highlighting the time, date and what was said, to call into question 'why it is so'.

A 65 year old aunt, a mother of a serving highway patrol member, received an infringement for not stopping at a stop sign. The NSW notice was issued after she slowed to a near stop, near approaching "idle" she said.

She was incredulous at this, but the officer was correct "the word is S.T.O.P-STOP Mrs . . ., not give-way"

People are too lazy and evidence daily is that too many people take the task of driving far too lightly. I have said, and I am convinced the existing monetary levels of 'general' driver infringements are way too low having regard their serious potential.

On the other hand, some penalties are way over the top, including those related to speed and radar detector possession.

klawsterfobik · 27-10-2006, 06:13 PM

if the sign isn't clearly visable due to shrubbery etc, take a photo and send it in. Obviously from a position that you would be in in your car. Time, Dates, Locations etc will help.

Sapper · 27-10-2006, 06:24 PM

Why would you worry about being read your rights? Better than not knowing them. I don't understand how that would make you feel like a criminal. If its only an $80 fine i'd be pretty happy. In NSW you can be docked more than $100 and 3 points for not keeping left in a 90km/h zone. It sounds to me like there's nothing to worry about.

pertuan · 27-10-2006, 06:48 PM

Quote:

Originally Posted by hot xr6

Why would you worry about being read your rights?

The way that I look at it, if you're only supposed to be read your rights when you get arrested, it means the police officer didn't know his procedures. So... how can I have faith in the police when they don't know what they are supposed to be doing.

They are the keepers of the law, how can they keep the law when they dont know what it is. Thats what I'm seeing. Maybe I'm over reacting.

Scott · 27-10-2006, 06:56 PM

Man, give the cop a break! FFS, it was probably the most dangerous thing that happened in Tassie that day and he was makin the most he could out of it. They must be hangin for Jerry Springer to do a show down there so they get some real action.

XR6-VCT-2000 · 27-10-2006, 07:10 PM

Quote:

Originally Posted by pertuan

The way that I look at it, if you're only supposed to be read your rights when you get arrested, it means the police officer didn't know his procedures. So... how can I have faith in the police when they don't know what they are supposed to be doing.

They are the keepers of the law, how can they keep the law when they dont know what it is. Thats what I'm seeing. Maybe I'm over reacting.

Not over reacting at all i recon , good point made .

Quote:

Originally Posted by GMH8T

Man, give the cop a break! FFS, it was probably the most dangerous thing that happened in Tassie that day and he was makin the most he could out of it. They must be hangin for Jerry Springer to do a show down there so they get some real action.

No friggin way ! , he was quick enough to drop a fine on my mother inlaw when there was clearly no traffic around and she put no-one in danger . Fair enough about the fine maybe as said , but if he wants to be a 'follow every rule' cop then he must obide by it too ! .

wulos · 27-10-2006, 07:49 PM

Let's not turn this thread into a cop bashing thread (lest it be locked)
In the above incident you didn't indicate whether or not the "Left Turn Only" sign, was a regulated sign mounted in clear view on public property, or whether it is a private sign located on private property ie one installed by McDonalds themselves - in which case the police 'should only be enforecing the law at the property owners insistence.
The whole 'reading your rights' stuff does not apply at all in Australia(at least not in NSW, or any other state that I am aware). This means you CAN legally be arrested in Australia without hearing these words. The Statute of rights is an Americanism, perhaps somebody has been watching too much US Tele.
It is hoped that the police officer in question acted correctly & in good faith.if this is not the case then hopefully justice will prevail, and the charge dropped.

Scott · 27-10-2006, 07:52 PM

XR6-VCT-2000

sar·casm (särkzm) Pronunciation Key
n.
A cutting, often ironic remark intended to wound.
A form of wit that is marked by the use of sarcastic language and is intended to make its victim the butt of contempt or ridicule.
The use of sarcasm. See Synonyms at wit1.

MO · 27-10-2006, 08:36 PM

OZ cops do not read you your rights.....why because you don't have any.

Seriously it is not required to be read your rights we don't have that system...if a cop wants to arrest he simpley says' you are under arrest'.

Falchoon · 27-10-2006, 09:12 PM

Maybe the lady misheard/misunderstood what the cop was saying. He might of been saying "you have the right to contest this fine in court". Maybe the cop got confused and meant to say that but accidently said "you have the right to remain silent" by mistake. Obviously I wasn't there so don't know what actually happened, the only two people that do are the cop and the lady.

MITCHAY · 27-10-2006, 09:54 PM

Quote:

Originally Posted by Falchoon

Maybe the lady misheard/misunderstood what the cop was saying. He might of been saying "you have the right to contest this fine in court". Maybe the cop got confused and meant to say that but accidently said "you have the right to remain silent" by mistake. Obviously I wasn't there so don't know what actually happened, the only two people that do are the cop and the lady.

I reckon this is somewhat plausible.

Quote:

Originally Posted by MO

OZ cops do not read you your rights.....why because you don't have any.

Gold!

banarcus · 27-10-2006, 10:01 PM

Another thread of conspiracies and general comments by most who really have no idea. Take the matter straight to the tassie cops or do some research on tasmanian law instead of just guessing what they should say according to american television.

XR8-260 · 27-10-2006, 10:04 PM

Quote:

Originally Posted by pertuan

Hang on a sec. I thought you only get read your rights IF you get ARRESTED. Was that copper a young bloke fresh out of recruit school? I reckon he probably was and probably watched alittle too much TV.

He was probably just being a tool (supertroopers style)

cupic · 27-10-2006, 10:51 PM

Quote:

Originally Posted by XR6-VCT-2000

My mother in law just returned from a Quick holiday in Tasmania, when she returned i was suprised to hear the following ............

After getting off the boat in Tasmania and stoping at mc'donnalds for breakfast, when leaving the carpark she was pulled over for turning 'right' when the exit sign at the maccas entrance said 'left hand turn only'.

Imediatelly she was pulled over by police for making a right hand turn. Expecting to be let off with a warning (as she is 64 and it was an honest mistake as the sign was not clearly visible), she was most suprised and a bit annoyed to issued a $80 fine and loss of 2 demerit points, and after also being handed the fine being told "You have the right to remain silent , anything you say will be used against you bla bla bla....." !!!! ...wtf ! - being read your rights just for that ! , is this actually a standard procedure nowerdays ? . They made my mother in law feel like a criminal and i too personaly didn't like the sound of the situation. Any comments ?

:

Fair enough she did the wrong thing , cop the fine and be done with it , but to be read your rights just for something like that !

Tooo much TV at the academy ,might pay to have training instead of fantasy for the new recuits.
Something like out of hawaii 5-0

Too much wacky weed

ltd · 28-10-2006, 12:27 AM

Don't know about the wacky weed, but tasmania is like the second or third largest producers of opium in the world. Being read your rights for a traffic infringement where you are not arrested is deemed harassment in NSW, and I wouldn't be surprised if it was the same in Tassie also. Maybe the poor fella was just upset because he'd only just found out that his sister can run faster than him now (kidding, my folks live in Ulverstone).
On the whole, the police in tassie seem to be decent people, so just write to them and explain your mother in laws situation. Whatever you do, don't let the incident discourage you or her from going to tassie, as it is a great place.

MITCHAY · 28-10-2006, 12:32 AM

Quote:

Originally Posted by ltd

Don't know about the wacky weed, but tasmania is like the second or third largest producers of opium in the world.

Lol well you learn something everyday. Who would of thought being it a small state and all.

ltd · 28-10-2006, 01:16 AM

Yeah, it is medicinal opiates that are produced. If you're ever there, have a look at how many poppy fields there are. Makes the opening scene of air america look silly.

fmc351 · 28-10-2006, 01:31 AM

Quote:

Originally Posted by MO

OZ cops do not read you your rights.....why because you don't have any.

Seriously it is not required to be read your rights we don't have that system...if a cop wants to arrest he simpley says' you are under arrest'.

Spot on.

You do not have the right to remain silent, silence will be held against you. You do not have the right to make a phone call but if you ask nicely we might let you. You do not have the right to have an attorney present when questioned, and one will not be provided whether or not you can afford one (unless youre a minor, and then we'll call your mum). But anything you do say may be taken down and used as evidence in court.

XA-Coupe · 28-10-2006, 09:24 AM

You have the right to communicate with or attempt to communicate with a legal practitioner, you have the right to communicate with or attempt to communictae with a friend or relative to inform them of your whereabouts.
Do you understand these rights?
Do you wish to exercise either of these rights?

Only after being arrested. Things may have changed in the last 6 years but that's your rights. You do get a caution not to blab any further if you say something that reasonably makes it likely you commited an offence ( not a statutory offence though ) but that's nothing to do with rights.

Your aunt broke the law, yeah.. it was only minor , but she should not expect to get off because of sex/age or anything else... that is encouraging corruption.

Disclaimer... all of the above is only relevant to Vic.

GCFordChic · 28-10-2006, 09:42 AM

I mean no offence, but in all seriousness, If you expect she should perhaps have been 'let off' with a warning, because she is 64 (hardly old and senile) and it was on honest mistake, i really think that perhaps it was an honest mistake and she mis-heard the police officer.

We dont have Miranda Rights. But like XA-Coupe said, there are certain rights you have, when arrested. If your mother in law is 100% sure she heard that and wants to take it further, than so be it, ring the local police station and find out what to do.

If it was a cop that has watched as much Law and Order as me and mistakingly said silent before correcting himself, then forgive him and move on.
We have no Bill of Rights in Australia, but ask 100 Australians and I wonder how many know that...

XR6-VCT-2000 · 28-10-2006, 09:50 AM

Ok i'll clear this up ! , im not cop bashing for starters , i have the highest respect for policemen/women providing they are not the type that think they are the law ( judge dred style ), without them we wouldn't have a stable society .
My mother in law has no problem with paying the fine as she did the wrong thing, it was just the fact that the ticket was handed over , all was done ( she should of been on her way after that ) .. but instead gets read her rights !. Maybe it was an honest mistake and he meant to say "you can contest this in a court of law", but it wasn't what he said, I've never ever heard that before but i guess that comment is fair.

(let it be known even though my mother inlaw is 64 , she is far from senile or deaf, and she is on the ball and more active than most teenagers i know !, so i trust what she says is what she heard.)

I'll let my mother inlaw know that he might of meant the second statement, and accidently rambled off the 'rights to remain silent' law instead.
Im not that picky and neither is my mother inlaw , everyone makes mistakes , including my mother inlaw missing the left turn only sign , but did the cop let her off with that ...no , so i can understand why she is peeved about him reading her her right to remain silent bla bla bla law too. Anyway , thanks for the info . cheers.

XA-Coupe · 28-10-2006, 10:02 AM

I don't think anyone thinks you are cop bashing ( well, I didn't and I am kinda sensitive to that sort of thing !! ).
I am still failing to see what the big deal is. So what, she got read the rights ... that actually has nothing at all to do with the offence.
I know for a while various legal bodies have been making a push to give people rights for statutory offences ... perhaps they got a win there .. or the guy was making a (very) lame joke. Either way, I would advise her just to move on. Though of course if she wants to make something of it I would try calling a police station ( HQ in Hobart ) there and doing some research first.

MrEL · 28-10-2006, 10:16 AM

A 65 year old aunt, a mother of a serving highway patrol member, received an infringement for not stopping at a stop sign. The NSW notice was issued after she slowed to a near stop, near approaching "idle" she said.

She was incredulous at this, but the officer was correct "the word is S.T.O.P-STOP Mrs . . ., not give-way"

Like in fat pizza where the copper is hitting Habibs cousin with the batten after him complaining it wasnt fair to be booked because he didnt stop but he slowed down. As the cop is laying into him with the battern he says " Would you like me to stop or slow down?"

On the other hand, some penalties are way over the top, including those related to speed and radar detector possession.[/QUOTE]

Dunno possession of speed in NSW is a pretty serious offence...........

:

Redrum · 28-10-2006, 05:35 PM

In Victoria it is a requirement for a person to be cautioned and given their rights. This is only for criminal matters. This in fact is a right of the accused so they can understand the process. It would be unfair for the police not to inform a person of their rights.

Perhaps in Tasmania they give a caution for traffic related matters also.

Redrum · 28-10-2006, 05:45 PM

Quote:

Originally Posted by pertuan

Hang on a sec. I thought you only get read your rights IF you get ARRESTED. Was that copper a young bloke fresh out of recruit school? I reckon he probably was and probably watched alittle too much TV.

That is correct, rights only given for arrest, caution for all criminal matters. But police are not required to give caution for traffic matters. Interesting point, police do give caution, as part of drink driving pro forma of questions........go figure.

MO · 28-10-2006, 08:15 PM

Quote:

Originally Posted by XA-Coupe

You have the right to communicate with or attempt to communicate with a legal practitioner, you have the right to communicate with or attempt to communictae with a friend or relative to inform them of your whereabouts.
Do you understand these rights?
Do you wish to exercise either of these rights?

Only after being arrested. Things may have changed in the last 6 years but that's your rights. You do get a caution not to blab any further if you say something that reasonably makes it likely you commited an offence ( not a statutory offence though ) but that's nothing to do with rights.

Your aunt broke the law, yeah.. it was only minor , but she should not expect to get off because of sex/age or anything else... that is encouraging corruption.

Disclaimer... all of the above is only relevant to Vic.

Glad you added the 'only in vic' bit in sa..it does'nt happen your arrested your taken to local watchhouse..your interviewed(read interrogated) a statement is made up..if your lucky the shift sgt may make a phone call for you and hand you the phone when it starts to ring..after that its off to remand centre..and await hearing/trial.

Trust me ppl if ever you get caught up in a criminal charge...from the very start its the 3 Ds...deny..deny..deny...make them prove it and say nothing more than you have to until you have legal counsell.