Legal Question in Traffic Law in Georgia

I was recently pulled over because my decal was expired, but it came up as valid when the officer ran my information. It turned out that the DMV has not sent me my new decal yet. After the officer ran my license however, He found out that my license had been suspended for ten months for missing a court date. The court date in question, was one for which I have already paid my fines. I have never been notified of my license being suspended in the ten months of which it has been. Furthermore, I was not instructed of why I was being arrested until I was already in cuffs, and he never read me my Miranda rights. At this point I have already paid 10% of my bail that is non-refundable, and am facing possible termination from work. My questions are, what department would be responsible for communications too and from someone with a suspended license, and how usable is the fact that I was not read my Miranda rights?

Asked on 12/08/12, 8:20 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office

You won't like this but everything here is your fault, and you're completely to blame for a series of missteps that are solely your responsibility.

As to Miranda, there is NO requirement to read people their rights, and the only effect the failure to do so causes is that statements you make after arrest are not admissable in court. So unless an officer plans to make use of your statements, he has no reason to Mirandize you.

The very ticket you signed for had a notice on it that told you your license would be suspended for missing court. Paying off a fine later does NOT lift the suspension. Until you go to DDS and pay the lift suspension fee and turn in a court release your license remains suspended. It was your fault that you chose not to do those things and that is why you were arrested.

Since you also would know when your decal expired, you should have been carrying proof you ordered it until it arrived.

At this point you need a lawyer. Your suspended license case can land you in jail and get you a large fine, and also get your license suspened. A good lawyer can probably work out a better deal for you. It will be expensive, but it beats another suspension.

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Answered on 12/08/12, 10:31 am

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