Tag Archives: or the Land Transportation and Traffic Code

Whether road side questioning falls under custodial interrogation, or can it be considered a formal arrest?

First, there was no valid arrest of petitioner. When he was flagged down for committing a traffic violation, he was not, ipso facto and solely for this reason, arrested. Arrest is the taking of a person into custody in order … Continue reading

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The general procedure for dealing with a traffic violation is not the arrest of the offender, but the confiscation of the driver’s license

Under R.A. 4136, or the Land Transportation and Traffic Code, the general procedure for dealing with a traffic violation is not the arrest of the offender, but the confiscation of the driver’s license of the latter: SECTION 29. Confiscation of … Continue reading

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