Legal Question in Traffic Law in Illinois

not read rights

Our son lost his license appoximatley 9 months ago he was stopped by the police for driving while license suspended. He was not read his rights by the police officer. Does he have a chance to have this thrown out of court and does he need a lawyer?


Asked on 1/05/06, 9:16 am

3 Answers from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

Re: not read rights

Miranda isn't going to help. You need the assistance of a lawyer. The better question is why was the DL suspended 9 months ago. Not having a DL in one's possession is not the same thing as not having one at all.

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Answered on 1/05/06, 11:55 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: not read rights

Yes, your son needs a lawyer. Driving while suspended or driving while revoked charges are serious, and may result in the further loss of his driving privileges. The fact that the officer did not Mirandize your son is probably of no legal consequence. Many people believe from watching television that the police must issue the Miranda warnings whenever there is a stop or an arrest, and that is simply not true. Your son's attorney can explain it to him. Good luck.

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Answered on 1/05/06, 1:20 pm
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: not read rights

The fact that your son was not read his rights will not get the case thrown out. Those rights are that he has a right to remain silent, and he has a right to a lawyer. If he was not asked to confess his rights were not violated. And even if he did confess, all that might happen is his confession would be thrown out. They could still prosecute him. Please call for an appointment.

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Answered on 1/05/06, 1:57 pm


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