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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 115449
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I got pulled over is what the officer told me. He was coming

Customer Question

I got pulled over for speeding is what the officer told me. He was coming from behind and told me I was going 100mph. I was driving about 92mph. When he found that my license was suspended, he didn't hesitate to tell me to turn around and handcuff me. Never told me I was in under arrest nor did he read me my Miranda rights. We get down to the station and He handcuffs me to a chair while they laugh and gigle and pour out my prescription medicine which was in a bottle with my other medicine which was a schedule 2. The med. He dumped was just a schedule 1. I had the prescription for the ones he dumped in my wallet, which he failed to ask me. If he would have tried to charge me or ask me I could have told him. If I stop taking this med. Clonopen, I will be very likely to have a seizure. It was 10 days worth. Back to the arrest or not arrest. He comes into where I was, tells me that he knows I was trying to record him with my phone and wants to know why, was I going to put him on YouTube or try an use it aginst him. (My phone automatically goes to camera when you barely shake it. Anyway he writes me a ticket for wreckless operation, probably because he knows he doesn't know how fast I was going. I had just been in a wreck and my headlight was working the night before, so 1 for improper equipment. So why was I put in handcuffs if I wasn't arrested or if I was my didn't he recite the Miranda's? Thank you so much!
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, an officer does not have to inform an arrested subject of their rights pursuant to Miranda unless the officer is going to question the arrested subject about a crime. Any statement taken if the officer does not advise the arrested subject of their Miranda rights is inadmissible in court, but it does not invalidate the arrest.
An officer may handcuff any suspect for detention and investigation, it is an arrest at that time from which the officer has discretion to release the subject with or without charges or citations. Handcuffing is done for safety purposes of the arrested subject and the officer as well and officers are permitted to do so and then issue a summons/ticket and release the subject from the detention/arrest.
Actually, reckless driving can considered any driving that exceeds the speed limit by more than 20 miles an hour and he still has to testify in court how he knew the speed you were going, so you can still plead not guilty and seek to get a trial and make him testify in court as to how he determined your speed.
Customer: replied 1 year ago.
I forgot to ask you, if I bring proof of Insurance to Court that day along with my Driver's Licence, what do you think my chances percentage wise would be of the Judge throwing them out?
Expert:  Law Educator, Esq. replied 1 year ago.
thank you for your reply.
If you received a ticket for no license and no proof of insurance, then bringing them to court with you that day would lead to a 99.9% chance the court dismissing those two citations.
By the way, no offense, but many customers do not know that, as the experts are not employees of the site they get no credit for spending time with customers unless they leave positive feedback. Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page. Thank you.

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