Legal Question in Constitutional Law in North Dakota

Re: Right to remain silent

You are correct, at least for the most part. Failure to give Miranda warnings does not prevent a prosecution, it merely prevents the prosecutor from using as evidence anything that the defendant says in response to police questions after the time when Miranda warnings should have been given. Any answers he gave before that time can be used against him, as can anything he said spontaneously (e.g., not in response to questioning) afterwards.

[This is what I meant when I said you were mostly correct. Your belief that nothing he says prior to release can be used against him isn't quite correct, but you were very close.]

Prosecutors can usually prove a crime like driving with a suspended license or driving without insurance quite easily without relying on what the defendant said at the time, since all that needs to be proven is that he was driving and that he had no insurance and/or had a suspended license. Even assuming that there was a Miranda violation here, it probably won't have much of an impact on the case.