QUESTION

Can I get my case dismissed if the arresting officer did not read me my rights while I was getting arrested for DUI?

Asked on Mar 29th, 2013 on DUI/DWI - California
More details to this question:
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5 ANSWERS

Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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Maybe, if you were interrogated and provided any incriminating statements after you were arrested, and before you were advised of your right to counsel, you may challenge the admissibility of those statements. A skilled DUI defense attorney may be able to challenge those and other statements, you should contact a DUI attorney to see what they can do for you.
Answered on Apr 09th, 2013 at 7:45 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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No. 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.
Answered on Apr 01st, 2013 at 1:40 AM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Too much TV cop show 'reality' misinforms the public about the real system. Police don't have to say or explain anything to you, before or after arrest. You would have an evidence suppression issue to raise in a Motion if prosecutors seek to introduce into evidence a statement or confession obtained after arrest without first advising you of Miranda rights. It would be unusual for police to interrogate after arrest without a Miranda advisement; it is standard procedure. When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential ?time?, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any suspension that may be imposed by DMV or the court upon conviction. Contact DMV and do so timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I?ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.
Answered on Apr 01st, 2013 at 12:52 AM

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Criminal Defense Attorney serving Santa Rosa, CA at Michael T. Lynch
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While a dismissal is always the first goal, achieving a dismissal usually revolves around other factors. While Television shows suggest otherwise, it is not necessary for an arresting Officer to read you your rights. If your rights were not violated, then the lack of their recital is not an issue. So long as your prosecution is based on observations, and not any statements you might have made following your arrest, the fact that the arresting Officer did not read you your Miranda rights, such as your right to remain silent, will not help in your defense. However, other mistakes or defenses should still be explored with your attorney.
Answered on Apr 01st, 2013 at 12:41 AM

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DUI Defense Attorney serving San Diego, CA
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Probably not. Unfortunately (at least in CA) Officers get all of the information they need prior to arresting a suspect under the disguise of "further investigation." Miranda rights only attach to custodial interrogation which Courts tend to hold happens post-arrest. There can be a great argument made that the pre-arrest observations can be suppressed but typically a Judge will allow it all to come in.
Answered on Apr 01st, 2013 at 12:27 AM

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