Drivers arrested for a moving traffic violation in Georgia question why they were not read their “Miranda” rights at the time of arrest. The reading of the Miranda rights (“you have the right to remain silent….”) occurs prior to an individual’s interrogation as a result of the arrest, when the information obtained during an interrogation may potentially be used in court. An interrogation or questioning does not occur for traffic violations and thus there is no need for a reading of your Miranda rights.
Unfortunately, we see the reading of Miranda Rights for just about every crime on television, but that is not the real world and Miranda does not apply for a Georgia traffic violation arrest.
In Georgia, traffic violations are considered a criminal misdemeanor. If you do not pay the ticket by its due date or show up in court on your appointed court date to dispute the ticket, a Failure to Appear (FTA) and Bench Warrant will be issued for your arrest. It does not matter what the excuse may be, and whether or not your driver’s license is from Georgia or another state. This results in a driver’s license suspension. The Georgia Department of Driver Services notifies you of the driver’s license suspension via regular mail but sometimes for whatever reason, you may not receive that letter, especially if you have moved or changed addresses. When you are stopped for any moving traffic violation large or small and the officer sees a license suspension this means the officer can arrest you. You can also be arrested for driving at very high rates of speed, reckless driving. leave the scene of an accident and other moving violations.
If you cannot show up and you hire a qualified Georgia Traffic Lawyer, they will appear on your behalf to resolve the ticket for you. Then, a fine will be due to the court after a resolution is obtained.