If an officer forgets to Mirandize you while being arrested for driving with a suspended license, can you fight the charges?
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If an officer forgets to Mirandize you while being arrested for driving with a suspended license, can you fight the charges?
I had an accident about a month ago and when the police arrived and checked all my paperwork and everything. They arrested me and for driving with a suspended license due to unpaid speeding ticket that I thought I had paid off after legal notice that my license would be suspended. My wife was standing in front of me when the officer put me in handcuffs and put me in the vehicle. The officer forgot to Mirandize me, so I wanted to know if I could use this fact in any way to fight off the charges so I’m not stuck in probation or paying any fines for the incident.
Asked on July 7, 2016 under Criminal Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Contrary to popular beleif, a person need not be Mirandized upon arrest. The Miranda warning only need be read if the suspect is taken into custody and then questioned. Further, questions related to the booking process (i.e. name, address, date of birth, etc.) or exempted from this. Accordingly, unless you were questioned about the incident that you were arrested for, you did not have to be read your rights.
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