last june i got pulled over because the tint on the windows were to dark and not knowing imy permit was expired they gave me a ticket and had my mom drive after that. i guess i was trying to just take my chances again but i didnt have anyother way of getting to my appointments and was driving on a suspened license i got pulled over again and went to jail dec. 31 are the police supposed to read you your rights b4 going to jail? because i do recall them not doing so my lil sister said they didnt either they just asked if i was pregnant also a friend that was there said they didnt. anyways i go to court tomorrow and it states on the court papers that i can have up yo 93 days in jail or 500 in fines wat are my chances of just getting the fine i dont want to go to jail again even tho last time i was there for an hour its still that bad for me and dont want that again please help.
2007-02-12 15:00:28 · 15 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
if only suspended you wont get NO jail time on your 1st or 2nd ..........3rd or 4th if you have really really bad luck you could get 5 days but probably not your looking at jail time after you get yor 2nd or 3rd revacation so you have no worrys you only suspended ( you only get a fine $250.00 max on 2nd)they say $500.00 thats the max they never give the max jail time or fine
2007-02-12 19:38:48 · answer #1 · answered by Anonymous · 0⤊ 2⤋
I don't know what state your in but in texas, all they do in a situation like that (generally) is give a person 3 days in jail and forgo the fines and court costs. And no the don't have to read you your rights unless they start asking you a bunch of questions in relation to the tickets because in a lot of states now instead of reading your rights out in the field, the officer waits until you are booked into the jail and then a magistrate reads off your charges and your rights and then informs you of what your bail or jail term is going to be.Also if they asess fines and court costs your time spent in jail should be applied to the fines , Like 50.00 dollars a day.
GOD BLESS/GOOD LUCK!!
2007-02-12 15:30:59 · answer #2 · answered by Chuck-the-Duck 3 · 0⤊ 0⤋
First off, it is your responsibility to know the laws concerning the tint on the windows. It is also your responsibility to maintain a valid license or permit. Then you intentionally drove again knowing that your license was suspended. You deserve to go to jail. You are complaining and crying for pity when everything you've said was your fault. You chose to break the law now you have to pay the penalty.
As for the miranda warning; I was a police officer for 15yrs. Officers are not required to read you your rights like it shows you on TV. POLICE OFFICERS ARE ONLY REQUIRED TO READ YOU YOUR RIGHTS ONCE YOU HAVE BEEN ARRESTED, AND IF THEY ASK YOU QUESTIONS CONCERNING THE CRIME and if it is a criminal offense, not a traffic offense. If I asked you if you murdered someone and you confess but have not been arrested yet, that is admissible in court, but if you were arrested and then I asked you that, I would have had to read you your rights first.
So in your situation, the officer was not required to read you your rights so just grow up and take responsibility for you actions.
2007-02-13 00:23:40 · answer #3 · answered by scheib65 2 · 0⤊ 0⤋
There is no miranda requirement for drive while suspended arrests because there is no interrogation. It is a status crime, the fact your license was suspended is all the investigation needed. I have had people tell me they would get out of the ticket for not having their rights read. All miranda does is ensure that statements made in custody to an American law enforcement officer are admissable in court. No interrogation, no miranda. And general identity establishing questions, like name and address are not interrogation.
Sorry, maybe take care of your obligations next time and avoid the whole mess?
2007-02-12 15:42:03 · answer #4 · answered by Lt. Dan reborn 5 · 1⤊ 0⤋
To be honest with you the only sure way to avoid going to jail is not to do things you can go to jail for. In the eyes of the law the is NO excuse for driving on a suspended license regardless of the reason it is an arrestable offense. They do not have to read you your miranda rights. Whether you get a fine or not will depend on any prior history you may have and what mood the judge is in. AS far as the pregnancy goes that may or may not work in your favor. My advice to you is show up on time to court, be very polite to the judge, pray, be prepared for the worst.
2007-02-12 15:08:43 · answer #5 · answered by Anonymous · 2⤊ 1⤋
Little overdue on the pregnancy, aren't you?
Your Miranda Rights are only read to you if the police are going to question you about a crime. Your arrest and incarceration were legally done.
The courts are reluctant to tie up jail space over traffic offenses, especially if the offender is pregnant, or a new mother. So, you might get by with just a fine.
2007-02-12 15:20:36 · answer #6 · answered by Anonymous · 3⤊ 0⤋
If the police had no plans to interrogate you they did not need to read you your rights. That is the only time they need to inform you of your right to remain silent and your right to counsel does not automatically attach until official proceedings are started against you, typically your arraignment.
If you don't want to go to jail and its that bad for you, don't "try to just take your chances"...after you were already pulled over and you still drove without a permit, you deserve what you get.
2007-02-12 15:12:21 · answer #7 · answered by griffon1426 3 · 1⤊ 0⤋
Yes if we don't read you your rights then the arrest is unlawful and you can not be found guilty of the crime. It is 100% mandated before you arrest anyone that you read them their rights. Check out Miranda v. Arizona. They did not read Miranda his rights and his whole conviction was overturned.
The prosecutor will generally do his job and try to cover for us and give you some line about how we don't have to read you your rights...this is just a smoke and mirrors manuever.
The fact that you were arrested without having your rights read to you make the whole incident a false arrest. Therefore you were unlawfully detained and illegally taken to jail. If the prosecutor did not read the arrest report and filed charges against you then he also may be sued civil for violating your rights on a malicious prosection charge.
These all fall under USC Chapter 42 section 1983, read a bit on 1983 court actions. These are the federal remedies for you to become rich beyond your wildest dreams when cops forget the rules of the law.
Be glad you have a witness to this. Demand to tell the judge about what happened and how no one read you your rights. Once he finds out he has no choice but to dismiss your case...IT IS THE LAW..and contact a personal attorney to you cant start your lawsuit for false arrest....$$$$$
2007-02-12 15:09:40 · answer #8 · answered by John F 2 · 1⤊ 3⤋
Deliberately driving with a suspended license was foolish. Now its time to take the consequences. The choice of jail time or a fine is generally made to you. I suggest you choose the fine.
2007-02-12 15:09:17 · answer #9 · answered by Anonymous · 4⤊ 0⤋
They don't have to read you your rights unless they are questioning you while you are in custody. If your only charge is driving while suspended I doubt there was much of an interrogation after you were arrested. Don't listen to those who say if they didn't read you your rights it will get thrown out because they don't know what they are talking about.
2007-02-12 16:18:18 · answer #10 · answered by Anonymous · 1⤊ 0⤋