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Was I arrested?

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Junior Member
I'm from western New York. I got caught speeding and learned that my license was suspended from not paying the second portion of a drivers responsibility asessment. I wasn't allowed to drive home but I was free to go as soon as a friend showed up to pick me up. I was not taken into custody, touched in any way, or read any rights. I did feel like the police officer was arrogant and unreasonable, (He did not allow me to have someone 8 miles away come pick up my car and issued a tow) but that is neither here nor there.

My question is: Was I arrested?

The article in the newspaper states that the police department "arrested" me and that I "was charged with aggravated Unlicensed operation of a motor vehicle in the third degree and speed violation: Speed in zone.".

I agree that I was charged but do not feel like I was arrested.

So I'm not sure, was I arrested. If not, Is this slander? And if so, should I bring it up in court?


Super Secret Senior Member
You committed a criminal act, a misdemeanor. The fact that you weren't handcuffed and brought in to a station does not mean you weren't technically arrested. But then again you're not clear on exactly WHAT happened to you.

You were issued tickets, yes? You don't mention HOW you were charged. Did you have to post cash bail?

You were issued tickets charging you with a misdemeanor without a custodial arrest. And forget what you see on TV and in the movies. Very few people get read Miranda Warnings when they are arrested because it is a waste of time and not necessary legally.

The officer might (or might not) have been following department procedure when he impounded your car. There is nothing wrong with that either way. As a general rule I will not permit a defendant to call another driver to the scene to remove a vehicle. It complicates the situation and is a potential danger to me. That's just another part of the price you pay for driving with a suspended license. No excuse for not paying your DRA.

Slander? Forget about it. That does not apply here.

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