Legal Question in Constitutional Law in New Jersey

Handcuffing Minors and Miranda Rights

If a seventeen year old is stopped for speeding and DWI, is cooperating with police and passes all sobriety tests, and is posing no threat to an officer, should they be handcuffed? Also, should the arrest, questioning and a breathalyzer be done without reading Miranda Rights?


Asked on 9/15/02, 10:32 am

2 Answers from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Handcuffing Minors and Miranda Rights

One who is arrested is always handcuffed "for officer safety." Much of the time it's bull, but there is nothing which can be done.

Law enforcement is required to read Miranda warnings only to those in custody who are being questioned leading to a statement [confession] which will later be used against them. Miranda warnings are NOT required for a breath test, or in any other situation unless a statement is being taken and the person is under arrest.

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Answered on 9/15/02, 4:34 pm
Evan Levow Lutz, Levow & Costello, P.A.

Re: Handcuffing Minors and Miranda Rights

The prior answer regarding handcuffs is correct.

As for Miranda, you were supposed to have been read your rights when the officer questioned you about consuming alcohol, but not necessarily at roadside. It's confusing, and doesn't make a lot of sense, but another way the courts and MADD have carved out a million exceptions for DWI enforcement.

You should make sure that you get a lawyer who knows what he/she is doing with DWI's. They are defendable and winnable.

Please call me to discuss your case. 888-777-0455.

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Answered on 9/16/02, 4:51 am


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