The Role Of Miranda Rights In A Traffic Violation In Arizona

Interviewer: Do Miranda Rights ever come into play on a traffic crime?

Acacia Law Group Lawyer: Yes and no. This is another way where it's officers tend to trick individuals, because the courts have held that traffic violations are only temporary, so people know they're going to get their ticket, sign it, and be off on their way, which means Miranda Rights don't apply. They don't have to actually tell you that you have a right to remain silent. You do. You always maintain that right to remain silent, but they don't have to tell you that, because for Miranda to apply you have to be under arrest, where you are not free to leave, or it's reasonable to believe you're not free to leave, and you're being questioned by the officers.

At a Traffic Stop a Motorist is Free to Leave Once they Sign the Ticket

At a traffic stop, you are free to leave once you sign that ticket, which is why the courts have stated that, unless they were going to put you under arrest for a criminal offence, they can ask you other questions, so they can ask you the famous question, "Have you been drinking?" Because, at that point, they don't know, yet. They're just pulling you over for speeding, or weaving, or whatever they pulled you over for originally, so as far as they know, they're just going to let you on your way. But, once you say, "Yes, I've been drinking," you just admitted to it. Then you're going to be getting a DUI.

It is Advisable Not to Consent to a Vehicle Search During a Traffic Stop

So, it doesn't mean they're not going to still give you the field sobriety test after, based on smelling alcohol or other signs of intoxication. What it does mean is they can ask you any number of questions before that point because you are not under arrest, and they don’t need to tell you that you have the right to remain silent. The other big thing is, I've said, some of the Miranda is the right to search your car. There's ways they can ask you "Can I look inside your car", "Do you mind if I see this", and they can ask permissions and make it very stern, where they're going to make you think that you have to say yes. The reality is you don't. You can tell them "No, you cannot search my car".

A Lot of People Believe That Compliance With Police Requests is Mandatory

A lot of people think they have to comply, but they don't. But, more focused on Miranda, it doesn't actually apply until you are physically under arrest, which is why it's very important not to incriminate yourself. One thing I recommend, the big thing they always say is, "Do you know why I pulled you over?" That's the first trick right there. They want you to admit and say, "Yeah, I do; I was speeding." Always be respectful and polite, but you don't have to admit to anything. Just say, "No, I don't, why don't you tell me?" And then take it from there, but don't admit to anything incriminating.

Once an Individual is Physically Placed Under Arrest, They Have to be Read their Miranda Rights

Interviewer: Do your clients ever think that because they weren't read their Miranda rights they bet they could get it all thrown out or dismissed?

Acacia Law Group Lawyer: It's a close call. I'm not saying you can't get dismissed, because it's a fine line. At some point, you are - especially for the DUIs - there is a point where you are under arrest and no longer free to leave, and that's where we would argue in court and try to get all those statements suppressed after the point where the person is under arrest. I try to explain, though, up at the initial traffic stop, unfortunately those statements get in, which is why you need to maintain your right to remain silent. But, yes, at that point, once they are actually physically under arrest for the DUI, they have to be read their Miranda rights. There are times when it's not read at the right time or I can argue that the officer said the person was under arrest at 8:00. I would argue they were under arrest at 7:30, so anything between 7:30 and 8:00 should be excluded. So, there are still times to argue when the Miranda applies.