QUESTION
Can I beat DUI if my rights were not read and the sobriety test was done on a steep hill?
Asked on Dec 23rd, 2012 on DUI/DWI - Utah
More details to this question:
I have two possible things that can help me beat the case. I need your advise. I was told by the police officer that Miranda rights are only read for major offense like felonies. Before the breathalyzer, I asked if my Miranda rights where going to be read and they said no because this is considered a minor offense. While performing the field sobriety test, I was not on a level ground.
13 ANSWERS
Without knowing all of the facts it is difficult to state whether you have a good case to fight the DUI. Certainly you raise some issues that need to be looked into further.
Answered on Jun 25th, 2013 at 10:08 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Neither of these defenses is going to do much good. What was your BAC, and why did they pull you over?
Answered on Jun 25th, 2013 at 10:07 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Your instincts are right about the steepness of the hill negating the Field Sobriety Tests, but that does not have any effect on the Breath Test (BT). There are rights that must be provided prior to asking you to take the BT. There is no such distinction between minor cases and large felonies when it comes to your rights. You very well may be able to suppress the evidence against you. You will need a lawyer and you really shouldn't waste time in hiring one. I practice mainly criminal defense and DUI s are a large part of my case load. If you haven't hired an attorney already and would like to discuss this in more detail call me at the numbers listed below.
Answered on Jan 03rd, 2013 at 10:46 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Miranda rights are read when you are arrested and being questioned. Did you take a breathalyzer test? Talk to an attorney about this case.
Answered on Dec 28th, 2012 at 2:13 PM
Michael J. Breczinski
The Miranda rights are read only after you have been arrested for a crime. And they are read only if the police are going to interrogate you. The other part might help but did they give you a breath or blood test later? What were the results?
Answered on Dec 28th, 2012 at 2:13 PM
Personal Injury Attorney serving Covington, KY
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Law Offices of Christopher L. Jackson, LLC
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Your Miranda rights protect you against statements you make to the police. If the officer does not read your Miranda rights to you, it does not mean your case will be dismissed, but it could mean that any statements you made may not be used against you. If your field sobriety tests were conducted on a steep hill that caused you to lose your balance, it may mean the test is invalid and should be suppressed in court, which means those tests can not be used against you at trial.
Answered on Dec 28th, 2012 at 2:11 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Miranda rights are not magic. The failure to warn a person, once he or she is in custody, does not usually void the arrest if it was otherwise proper. It just means the prosecution cannot use your statements against you. If this was a first-offense OWI, then it is not a criminal charge at all, but simply a kind of civil offense like speeding. Perhaps that was what the officer was saying. You would benefit from retaining a lawyer and having him or her discuss all the details with you.
Answered on Dec 28th, 2012 at 2:10 PM
Gary Moore
Miranda rights should be read after the dui arrest and before questions are asked as to what you had to drink eat, etc.
Answered on Dec 28th, 2012 at 2:10 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Probably not on those 2 issues. Although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest. What was your BAC level and what was the reason that you were pulled over to begin with? I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your.
Answered on Dec 28th, 2012 at 2:08 PM
Miranda only has to be read after you are cuffed, and only if they intend on interrogating you post arrest. Most cops are trained to get everything they need from your mouth prior to cuffing you, so 9 times out of 10 Miranda doesn't even apply. As for FSTs, nobody ever passes them. They are designed for you to fail. With that said, you need to hire a DUI specialist if you want any chance of beating the case. By yourself you are one a one-way street towards a conviction.
Answered on Dec 28th, 2012 at 2:08 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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You will probably have to go to trial but you can win. Contact a qualified DUI attorney.
Answered on Dec 28th, 2012 at 2:07 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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The Miranda rights only apply to suppress statements made in response to in custody interrogation which does not include the breath test or other physical things nor does it include investigation questions about driving facts on DWI. As far as the hill, your lawyer can use that to explain why you did poorly, if you did, on the tests. However, that will not be the cause of a dismissal.
Answered on Dec 28th, 2012 at 2:05 PM
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It might help you that you were not on level ground. It depends on which parts of the field sobriety tests the officer failed you on. As for the Miranda rights, the officer does not have to read them to you unless he plans to interrogate you after arresting you.
Answered on Dec 28th, 2012 at 2:01 PM