Madison Heights, VA asked in Criminal Law for Virginia

Q: I received a reckless driving charge, is the officer required to read me my Miranda rights?

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3 Lawyer Answers

Wilfred Yeargan

PREMIUM
Answered
  • Criminal Law Lawyer
  • Fairfax, VA
  • Licensed in Virginia

A: No, the officer is not required to read you Miranda rights in this case. Miranda obligations are triggered when the person stopped is in a custodial interrogation situation, i.e, in handcuffs and asked direct questions about suspected criminal conduct. Most of the time the officer never reads Miranda rights at a traffic stop.

The Reckless Driving charge is a serious misdemeanor offense in Virginia and you should consult with a good traffic defense lawyer about your case. My law office is available for a free consultation at 703-352-9044. We can discuss possible defenses to the charge and a strategy to get the case dismissed or reduced to a traffic infraction.

Matthew Lane Kreitzer agrees with this answer

Susan Fremit

Answered
  • Criminal Law Lawyer
  • Spotsylvania , VA
  • Licensed in Virginia

A: Miranda warnings only need to be read if the person is under arrest and the officer asks questions relating to the alleged offense. Then it only becomes important if the person says something which makes the case against him/her stronger. Rarely is this applicable to a reckless driving charge.

Mr. Beau Correll

Answered
  • Criminal Law Lawyer
  • Winchester, VA
  • Licensed in Virginia

A: Maybe, it depends on the facts of your particular case. Neither investigatory stops nor consensual encounters require the advisement of Miranda Rights but every case is different. Most people believe that they have to be read all the time but that is urban myth.

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