So about a couple months ago, i was pulled over for "racing". The officer was on the opposite side and i was speeding by another car. With criminal law, they have to prove that im guilty by be on a reasonable doubt, correct? And im sure there was reasonable doubt because s/he did not was just passing by.
The arresting officer never read the Miranda rights to me as i was being cuffed (was pointing gun directly at me and made me crawl to him on the floor prior to that) I guess he got distracted and forgot? So they started questioning me. I had a passenger and told me that said nothing to them because he knew they couldn't get him for anything . I've mentioned to the transporting officer that i was never read the rights and while we were parking in at the county jail, he finally read it there and started to question me again.
Question, is there any way to prove that he arresting officer was at fault for not reading the rights to me?
Also, i've been to court twice and the second time i came, they said your case has been dismissed but the DA has 1 year to file the compliant. It's been almost 3-5months since the date of the arrest. What are the chances of the D.A. still filing the compliant?
If the case gets dismissed, will it still show on my record that i've been arrested?
I'm planning to pledge not guilty and have a public defender help me with the case.