you did not read me my rights
I was pulled over for speeding, and the officer wanted me to take a breathalyzer test. He smelled alcohol on my breath. I did a roadside sobriety test and when I refused to take the breathalyzer, he handcuffed me and took me to the police station. He never read me my rights or explained what concequences would occur. Do they have to read you your rights when you are handcuffed?
Thanks,
Kathy
2 Answers from Attorneys
Re: you did not read me my rights
If you are referring to "Miranda" rights, they do no apply to traffic stops. Even if they did, they only need be given if you are being interrogated by the police after being arrested. The officer does have to advise you the consequences of not taking a breath test, that is you will lose your right to drive for 45 days or more. I suggest you talk to a DWI attorney immediately.
Re: you did not read me my rights
Were you charged? This is the key issue. What you were charged with has alot to do with your inquiry. If you were charged with a drinking and driving offense, you should have been read a DR-15 advice of rights. Miranda rights do not apply to traffic matters, unless of course you were charged with something more than driving related. The DR-15 advice of rights spells out your rights over a "field sobriety test" and a "breathalyzer". These are two different tests and are applied by the officer for two different reasons. Even if you did not take either test, you can still be convicted of a drinking and driving charge. Besides a court conviction, a MVA suspension may also occur. You may need to contact an attorney to advocate for you and to show you how to address this very serious matter. Loss of your license, points and increased cost of or loss of auto insurance, and other penalties may result if you do not take proper action. Even if you decide not to take appropriate action, the judge will ensure you do do and he/she will likely err on the side of being conservative. It is in your best interst to act now rather than be at the mercy of the judge.