Legal Question in Criminal Law in Florida

Re: traffic

I believe you have a misunderstanding of the law as it relates to your Miranda warnings. The police are only required to read you your Miranda rights when they are conducting a "custodial interrogation." In other words, if you are "in custody" and they want to question you about a crime, then you would be read your Miranda rights.

Once you are arrested for a criminal traffic violation (whether its driving on a suspended license, no valid DL, DUI, etc.), the police are allowed to conduct an "inventory search" of your vehicle and/or a "search incident to a lawful arrest." They did not need your permission to search the car, nor did they need to read you Miranda. They can charge you with cocaine found in your car, especially if it was "your car" and if you were the only occupant.

Your charges are always fightable, but without more information and/or an experienced attorney reading through your discovery (police reports, witness statements, etc.), it would be impossible to fully evaluate your case.

I know this wasn't the answer you wanted to receive but it is my best understanding of the law based on over 6 years of prosecutorial experience.

Re: traffic

The police do not need your permission to search your car if they have arrested for something else like DUS. Teh police do not have to read your rights unless they plan to question you.