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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Experience:  7+ years defending Misdemeanor and Felony cases.
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I was pulled over for my registration out on my plates "Florida

Resolved Question:

I was pulled over for my registration out on my plates "Florida Plates" but I am in Texas. I was drinking that evening and was arrested for dwi. The police officer was from Hewitt, Tx and had pulled me over in Waco, Tx, which is 1 mile away. I was never read my maranda right and taken to the county jail. There again never read my right and was scared in to taking the breath test. Are thy aloud to pull me over in a different city for my tages and take a breath test with out reading me my rights?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  CrimDefense replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good evening. Do you know if the officer first viewed your tags in Hewitt, where he had jurisdiction? Did he follow you out of that city?
Customer: replied 1 year ago.


the office was not in Hewitt when he pulled behind me, but in Waco and continued to fallow me for 3/4 of a mile before turning on his lights. Also the tags for Florida are on the plate (very small) and it was at night.

Expert:  CrimDefense replied 1 year ago.
Robert, thank you for the additional information. The officer does need probable cause to stop the vehicle and if there was an issue with your plates, the officer would have a legal basis to stop you. If the offense was committed in his presence and in his jurisdiction, he would have a right to pull you over, even if he followed you outside of where the infraction incurred. Of course, you can always challenge the stop and the jurisdiction and fight this in court, if you think the officer was lying about the basis for the stop and could have not seen the tags at night, based upon their size. Your rights need to be read to you when you are in custody, not free to leave and being questioned about the offense for which you are being held. If the officer was not questioning you, your Miranda rights do not need to be read to you and you could be asked to submit to a breath test, without them. If the officer was questioning you and failed to read you your rights, then you could have a basis to try and suppress any admissions or statements made.

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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 15930
Experience: 7+ years defending Misdemeanor and Felony cases.
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