-
FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
Driving on suspended
- Thread starter Bb13
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
Just Blue
Senior Member
I was going to be late to get my daughter from school ( I usually walked because i knew i was suspended). As soon as i pulled out of my work i saw a sherrifs car at a conveinance store i had to pass, and knew he knew me. So i pulled into the store and went inside. They walked up inside the store, asked for my id, and when i said i was suspended, arrested me inside the store. I was not read my rights, and went peacefully to jail. Whole thing witnessed and on video by employees of the store. 2nd time caught in a couple months. Unfortunatly i live and work for my room at a hotel, have wife and 3 kids, and very little money. Do i have a case since i was not read my rights? My 1st appearance is coming up. Probably be assigned public defender.
HighwayMan
Super Secret Senior Member
You watch too many movies. Reading you your rights is not required. It applies only when you are interrogated while in custody - and you were stupid enough to make a spontaneous utterance admitting your guilt when asked for your identification.
FlyingRon
Senior Member
HighwayMan gave you the basics. Since you've been through this before, I suspect you know that if you qualify for a public defender or not. It's going to be easier for the state this time around. The previous arrest for the same offense removes the possibility in 322.34 that you didn't know you were suspended. Even if there was something post-arrest that should have involved Miranda (though I agree with Highway that such was not required), it's not a "get out of jail free" card. It just supresses anything learned subsequent to the point Miranda should have been given. Looks like they have plenty of evidence to convict you even before they walked up to you.
Your protestations that you were embarrassed by the arrest are specious. Even if you were innocent, it would take a complete of probable cause to make the arrest actionable. Wrongful arrest doesn't mean you were innocent of the charge, it means the arrest was without warrant or probable cause or in the light of some gross misconduct of the officers.
Get your PD (or private counsel working on this). The second offense jacks this up to a first degree misdemeanor. You're looking at up to a year in jail and $1000 fine (plus costs). Note that two rapid succession convictions is going to discourange leniency on the judge's part. Your excuses do not mitigate the offense. And for heaven's sake, stop driving until you get your license restored. The third offense for this is a FELONY and that's going to be very severe.
Your protestations that you were embarrassed by the arrest are specious. Even if you were innocent, it would take a complete of probable cause to make the arrest actionable. Wrongful arrest doesn't mean you were innocent of the charge, it means the arrest was without warrant or probable cause or in the light of some gross misconduct of the officers.
Get your PD (or private counsel working on this). The second offense jacks this up to a first degree misdemeanor. You're looking at up to a year in jail and $1000 fine (plus costs). Note that two rapid succession convictions is going to discourange leniency on the judge's part. Your excuses do not mitigate the offense. And for heaven's sake, stop driving until you get your license restored. The third offense for this is a FELONY and that's going to be very severe.