Centralia, IL asked in DUI / DWI and Juvenile Law for Illinois

Q: 17yr DUI. He says wasn't read rights on scene. Handcuffed, then ankle cuffed to floor at the station. Is this legal?

Made illegal left turn from side street to 2 lane 1 way into the right lane. My son used his personal cellphone to call us. (Wasn't the officer.) Was read rights at police station with us present Except he read them then left the room before 20 minutes was up. Then came back into the room and said he had to start the clock over. However, he didn't repeat our rights. Police officer stated it was a non deliquent offense. Also said our son was not resisting. But sign in station says "Juveniles charged with a non-deliquent offense (including local ordinance), such as underage drinking, curfew, truancy, or running away, cannot be securely detained. So why was he handcuffed and stuffed into the cop car and then ankle cuffed to the floor in a locked room at the station. Not to mention left alone the whole time he was waiting for us to arrive. He was cold when we arrived, eventually started to shiver so I gave him my jacket. We received copies of an unsigned ticket .

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1 Lawyer Answer
Theodore J. Harvatin
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  • DUI & DWI Lawyer
  • Springfield, IL
  • Licensed in Illinois

A: First off, they read him his rights once. Secondly, not reading your rights does not mean not guilty automatically, If Miranda is violated it only suppresses any statements made.

He was not charged with underage drinking, curfew, truancy, or running away. He was charged with a criminal offense, DUI. Time to lawyer up. If he is convicted of DUI, he loses his license for a minimum of two years and then must have a hearing with the Secretary of State.

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