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Miranda Rights??

 
 
Reply Sun 3 Oct, 2004 11:35 pm
I am glad I found this website. Here is my story. I was comming back to college from my house when a car got behind me and was tailgaiting me. I could't even see his headlights. I sped up so he wouldn't hit me, and he got on me again, so I sped up again. Long story short I got pulled over and the sherriff accused me of street racing. He came to my car asked me to get out, then he handcuffed me. I asked what he was doing and he told me that I was under arrest for careless and reckless. He cuffed me and put me into the front seat of the car (it was a k-9 unit). He then asked me a bunch of questions such as why didn't i pull over to let him pass, why was i going so fast, if I knew the guy that was driving the car, where I lived at college, and my phone number there. All the while I was handcuffed and in his police car. Thinking back on it, he never told me my Miranda Rights. Is this a basis for a case, or should I just take the plunge and get a lawyer? Plus my wrists have bruises on them from the handcuffs. My ticket was for 90 in a 45, and my car was impounded. Can anyone help me with this matter?
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Type: Discussion • Score: 1 • Views: 760 • Replies: 6
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BeetleCamry
 
  1  
Reply Sun 3 Oct, 2004 11:51 pm
come on guys i need help!!
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jespah
 
  1  
Reply Mon 4 Oct, 2004 06:49 am
Re: Miranda Rights??
BeetleCamry wrote:
...Is this a basis for a case, or should I just take the plunge and get a lawyer? ..?


It's both. Get a lawyer and explain to him or her what you have explained to us. Do not try to handle a matter like this yourself.
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stuh505
 
  1  
Reply Mon 4 Oct, 2004 08:54 am
I wouldn't be so quick to drop that money on a lawyer.

Police are not required to read you your rights in order to ask you routine questions and those questions sound pretty routine. It does not really sound like a formal interrogation which would require your Miranda rights...

Even if the Miranda rights law had been violated, all that means is that any evidence which you supplied during that interrogation would be dismissed...

However, it doesn't sound like any of your answers incriminated yourself anyway...since the only evidence there is your personal identification contact info and if you knew who was chasing you, all of this evidence would already be known about you so the nothing would change.
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Magus
 
  1  
Reply Mon 4 Oct, 2004 12:15 pm
You need to establish if this particular Officer has a PATTERN of similar occurences... If you can PROVE that the officer utilizes this entrapment technique repetitively, you'll have a decent shot at getting the ticket dropped.
If your local newspaper publishes an "Arrest Record" or reports Court Dispositions, you can research other Speeding Violations... get the names of the convicted and contact them to inquire as to the identity of their arresting officer and the circumstances of their cases.
If the paper has a website, you may be able to use a "Search" function to pull up pertinent info. Start by plugging in the name of your arresting officer and searching for all stories containing his name.
It may take some time, but it will be worth it... a Speeding conviction is a "Moving violation" and counts as points against your license in most states... it goes on your "permanent record".
It will result in higher Insurance rates for years, as well as influence the outcome of judgements in any future cases.

I heartily endorse your engaging an attorney in fighting your case.
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roger
 
  1  
Reply Mon 4 Oct, 2004 04:34 pm
Clocked at 90 in a 45 mile zone. I wouldn't think a confession with or without Miranda rights being honored is at all relavant. In other words, what stuh said.
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Magus
 
  1  
Reply Mon 4 Oct, 2004 05:45 pm
roj, I experienced a similar incident some years ago with a State Trooper here in CT.
At that time the speed limit was 55 mph.
I was traveling on a State highway (at 55 mph) behind a row of 5 cars... a "divided" highway, there were three lanes going in each direction. We were all in the center lane.
It was on a long straight level stretch at about 11 PM.
I could see behind me in my rear-view mirror for about 3 miles... and noted a car with hi-beams rapidly approaching.
The vehicle came up to about 12 inches from my rear bumper, then backed off a little, then repeated this maneuver a couple more times.

I figured it must be some callow drunken yahoos having a little fun.

The blinding glare of the Hi-beams was bad enough, but I dreaded the potential consequences should a deer jump out in front of one of the lead vehicles... so, after about 5 minutes of the fun'n'games I stomped on the accellerator, put 'er into overdrive, hit 75 MPH while passing the preceding 5 cars and slipped into the lead position where the Hi-beams weren't directly behind me.

The follower/harasser car followed closely behind, but was not able to insert itself between my car and the next... so he turned on his flashing blues and siren instead.

I pulled over and got ticketed for doing 75 MPH.

I took the ticket to court, related the incident, and discovered that the judge was only interested in ONE point... DID I actually travel at 75 MPH?

I admitted to it and was forced to pay both the fine and years of inflated insurance rates...

BUT... I researched the record of the arresting officer and discovered his PATTERN of entrapment.
I listed the number of tickets he dispensed that were contested as I had done, and included the names of several people who had experienced similar turns of events.
I typed it all up nicely (this was before I had a PC with Word Processing) and forwarded the data to the State "Commissioner of Public Safety".

After months of litigation, and despite the valiant attempts of his Union Reps to get the complaint dismissed, the Trooper was demoted.
He subsequently quit the force and took employment in the Correctional System instead... I'm told he retired young after suffering an "on-the-job" injury.
I take solace in the prospect that he will likely off himself, being too cowardly a type to face getting older.
I doubt he'll be mourned by any of his ex-wives, their children, or many of his former co-workers.

Unethical bully/scum like that have NO place in Public Service, yet they tend to manage to insert themselves at all levels...
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