I was driving and got pulled over because my license was suspended and I never got a piece of mail telling me I was suspended. Also got arrested off hand and did not get hand cuffed or got read my rights. Than my boyfriend and his cousin was with me. And they got detained for no reason than they were detained with their phones. My boyfriend made a call to talk to the sheriff's manager and that set him off and my boyfriend refused to give up.his phone after the sheriff said it was okay o have it. I also before my car was impounded asked the officer to grab my ashma medication out of the car I needed that. And he refused and just continued to carry on with the process. Also my license was suspended on 9/28/14 and I bought a car and got insurance on 10/07/14 why didn't the insurance catch it?
You have multiple questions, some not even relating to each other. However, note the following: There was no obligation for Miranda rights to have been read to you. It would have been nice if the officer had given you your asthma medication but he was under no obligation to do so. It also appears that your boyfriend and his cousin created more complications by getting involved. We do not know why your license was suspended and there is no reason why your insurance carrier would know about a suspension that so recently took effect. Nevertheless, you need an attorney to get everything straightened out for you. You should refrain from discussing your case online or anywhere else in public or even in private with anyone other than your attorney.
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You ask far too many questions for anyone to answer for free. Obtain a consultation with a local attorney for further assistance. You misunderstand when Miranda Rights must be read and the remedy if they are not. Miranda is a rule of evidence, not a get out of jail free card.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
Were the cops wrong? Not based on what you wrote here. If you've been charged with driving suspended, go see a lawyer as soon as possible.
Everything that happened so far seems about par for the course. If you want an attorney to go through it line by line I would look up Matt Paulson for a Whiteside County case. Insurance wouldn't know you're suspended but you may be able to address the charges against you with an attorney.
This message does not constitute legal advice, nor does it form the basis for an attorney client relationship. Paul M. Marriett is licensed to practice law in Illinois and Florida, and due to various changes in the law this message may not be up to date with current statutory requirements.
The police officers read a person their rights so that they can use their statements in court against them. DUI arrests rarely involve heavy reliance on what the motorist said, it's more based on what the motorist did (i.e. swerving, slurred speech, etc.) That's why Miranda rights are not all that relevant to DUI arrests.
It is not necessary for an officer to handcuff someone in order to arrest them.
The police may detain people for a reasonable amount of time without arresting them. I know that is confusing, however the law is confusing (even to me sometimes).
Whether the officer retrieved your asthma medication is really not relevant to your case, because there is no requirement for them to do so. However a good lawyer may use it to make the police officer look bad at trial.
Whether the insurance catches your suspension will depend upon what date the insurance company ran your record, some companies run records after they insure you.
Lastly, you ask whether the cops were wrong. Whether the cops were wrong is something that will be decided by a judge or jury later, it is really not something that automatically gets the case thrown out before you get to court.
You have a number of questions here, some of which I would not even hazard a guess at.
They do NOT have to read you your rights. That is TV.
The police had valid reasons, or at least excuses, for everything that was done. This appears to be a legal arrest. In Wisconsin resisting even an illegal arrest is a crime.
A good local criminal defense lawyer should be able to help you straighten this out. You can help by getting your license back as soon as possible.
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