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  #41  
Old 11-25-2008, 08:03 PM
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Wait so could I contest the ticket on the fact that they didn't read me my Miranda Rights but instead started questioning me (by asking how old I was) and asking for my license?

Could I have not told them my age or given them my license because I had the right to remain silent?

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  #42  
Old 11-25-2008, 08:04 PM
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No, you weren't arrested. When I was googling before I saw a mention that being asked your name isn't considered being questioned, but also you weren't arrested.
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  #43  
Old 11-25-2008, 08:06 PM
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Quote:
Originally Posted by OrangeSapphire View Post
Wait so could I contest the ticket on the fact that they didn't read me my Miranda Rights but instead started questioning me (by asking how old I was) and asking for my license?

Could I have not told them my age or given them my license because I had the right to remain silent?
you need to plead guilty and stop wasting everyone's fucking time.
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  #44  
Old 11-25-2008, 08:08 PM
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Quote:
Originally Posted by OrangeSapphire View Post
Wait so could I contest the ticket on the fact that they didn't read me my Miranda Rights but instead started questioning me (by asking how old I was) and asking for my license?

Could I have not told them my age or given them my license because I had the right to remain silent?
technically you could have not given them any information on yourself, you do have that right. but nine out of ten times someone does that they will try and charge you with a failure to i.d.
now as for contesting the ticket because no miranda rights were reas, you cannot do that because you were never arrested in the first place.
like i said your best bet is to plead no contest to the ticket. you wont be admiting guilt, just that you cannot contest the fact that you were at a party where alcohol was found and underage drinking was going on. either way more than likely the minor in posession charge will go through no matter what you plead. but pleading not guilty basically is asking for a trial which is really drawn out for something as small as a class c misdemeanor mip.
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  #45  
Old 11-25-2008, 08:09 PM
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The ABA says:

Quote:
While the police are arresting you, they might read you your Miranda rights. However, they do not have to read you these rights if they do not intend to interrogate you.
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