Out of Country Arrest Rights Reckless Driving

Question

My boyfriend is Canadian, and recently got arrested in the United States on the charge of "Reckless Driving".

He was not informed before being cuffed, not informed that he was being arrested, and was not told why he was being arrested until he asked the officer.

I was wondering if this is a violation of his rights in any way that could void the charges.

Also, while we agree he was speeding, neither of us believe he was being reckless in his driving. How would you go about disputing something like this in court?

Answer 1

Whine me another. No. He wasn't warned that he was being cuffed. It works so much slicker if it's a surprise. Seriously. It's safer that way. He pretty much became aware he was arrested without being told. "I arrest you in the name of the law (or the Queen)." is from the movies and bad English novels. Even if he was required to be told all of that, it wouldn't change the facts of the offense, so forget that angle. You dispute the charge in court, at trial, with or without an attorney (your choice). Look at the elements of Reckless Driving in the statutes of the state where it happened and see if it fits.  

Answer 2

1. They are not required to inform him of anything until he is taken into custody. I never tell the person why until they are in cuffs.... less confrontations.

2. If he is a Canadian citizen, he can't be allowed to sign a citation and be released, as the US has no receprecable agreement with Canada on traffic citations.

3. His rights were not violated. They won't void the charges.

4. He has the right to a trial before the court. The officer will give his side of the story and your friend can give his.