Q: I Just Have A Traffic Ticket – Do I Need An Attorney?
The answer depends on the case. Some traffic tickets carry substantially more serious consequences than others. For example, a conviction on passing a school bus will suspend your driver’s license. Speeding in a construction zone carries a much higher fine than a typical speeding ticket. Even a typical speeding ticket can suspend your license if you have had one or more moving violations over the past twelve months. If you have any questions about the effect that a ticket will have on your driving privileges, The Law Offices of Charles Rohde & Pierina Infelise, P.C., will give you a free assessment of the implications to your individual license.
Q: The Police Arrested Me And Never Read Me My Miranda Rights. Shouldn’t The Case Be Dismissed?
The remedy for a Miranda violation is the suppression of the ill-gotten statement. If the evidence against you consists mainly of the statement that you gave to law enforcement, then there is a chance that suppression of the statement will cause the state to dismiss the charges. In most circumstances, however, the result of a suppression of statements serves to weaken the State’s case against you.
Keep in mind, regardless of how it is portrayed on television, Miranda warnings are only necessary in custodial interrogation situations. That means that the police need only Mirandize those who are questioned while in their custody. However, what constitutes interrogation and whether one is really free to leave are issues that are often the subject of motion hearings. If you are unsure about whether your Fifth Amendment right against self-incrimination was violated, you should discuss that with an attorney.
Q: The Police Told Me They Stopped Me For A Traffic Violation, But I Think It Was Really An Excuse To Pull Me Over To Find Out if I Had Anything In My Car. Can They Do That?
The answer depends on whether the police did, in fact, observe the traffic violation. If a law enforcement officer actually observes a violation of the vehicle code, then he can pull you over even if it is a pretext, meaning even if he suspects you of some other type of wrongdoing.