Sorry - this doesn't make the arrest illegal, and it probably doesn't make any difference in your case.
If you are in custody (not free to leave) police may not question you without your consent (the "right to remain silent"). If they do question you, your answers cannot be used against you. This is the result of the famous Miranda decision of the U.S. Supreme Court.
If they want to question you and use your answers,
(1) they must "read you your rights," which are the right to remain silent, the right to have a lawyer present when you speak, the right to stop answering questions at any time, etc.
(2) you must give up those rights by signing a "Miranda card."
After the police have complied with these requirements, they can ask you questions and you can answer as long as you choose to. You can stop answering questions whenever you like.
BUT
In traffic cases, this whole business is almost always irrelevant, because the prosecution is not going to need any statements from you to prosecute you for Driving Under the Influence, or Leaving the Scene of an Accident, or Operating After Suspension of your Driving Privileges, or Speeding in Excess of 30 mph over the Speed Limit, or Driving Without a Permit or Reckless Driving.
If you prefer, you may e-mail our office, or fill out the form on the Contact Us page of this website and a representative from the office will be in touch with you as soon as possible. Don't leave your driving privileges or your freedom to chance. Call the Public Information Center for D.C. Traffic Law today.
