QUESTION
Can the cops arrest without waving my Miranda rights?
Asked on Sep 25th, 2013 on DUI/DWI - California
More details to this question:
Never pulled over, police never saw me driving, no witnesses to say I was Driving Under Influence (DUI). Car ran out of gas, went back to the car 3.5 hours later to put fuel in it so my friend coming from work could drive me home. In between I was at a local bar for 3 hours. Doors locked, no keys in ignition I was not in car, cop pulled in and gave me a DUI. I have an eye witness to prove I was in the bar 3 hours after I ran out of gas. I was charged but am it likely I can be convicted. The only thing on me was my keys in my pocket.
3 ANSWERS
Michael J. Breczinski
It sounds like you should take this matter to trial.
Answered on Sep 30th, 2013 at 9:50 AM
Criminal Defense Attorney serving Oakland, CA
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You need a lawyer. These types of cases, "no drive" defenses usually end up going to trial. In our office out is one of the more successful defenses.
Answered on Sep 27th, 2013 at 3:22 AM
Miranda only has to be read if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth "prior" to cuffing you, so Miranda rarely applies.
Answered on Sep 26th, 2013 at 9:55 PM