QUESTION
Is it legal to get pulled over for taking too wide of a turn and not turning lights on right away?
Asked on Apr 07th, 2013 on DUI/DWI - Michigan
More details to this question:
I got pulled over for not turning my lights on right away and then took too wide of a turn, which then resulted in a DUI. Also I did not get my Miranda rights read to me until after I was taken to the police station. Is that legal?
6 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Yes, most states prohibit driving after dark (dusk) without illuminated headlights. California Vehicle Code may also prohibit wide turns depending upon the facts. Both driving without headlights and wide turning movements are signs of impairment according to NHTSA, hence law enforcement watches out for these types of driving mistakes during times when people are drinking and driving. Your issue regarding Miranda may or may not be important, you should contact a DUI attorney within 10 days of your arrest to discuss the facts of your case as well as important rights that disappear 10 days after your arrest.
Answered on Apr 09th, 2013 at 7:54 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you are talking about getting arrested without having your rights read to you, the answer is yes. 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 09th, 2013 at 2:33 AM
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The cops must have a valid reason to pull you over. A wide right turn and failing to signal are vehicle code violations in Colorado. Thus, more then likely the reason for the stop would be upheld. The cops give Miranda when you are in custody and they are going to ask an interrogatory questions. The courts have commonly held that Miranda warning are not necessary in a typically DUI stop because its investigatory and not custodial. However, depending on the facts of your case, Miranda may have been required. You should retain a local DUI attorney to ensure your rights are protected and you are able to present a strong defenses to the charges.
Answered on Apr 09th, 2013 at 12:39 AM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Apr 09th, 2013 at 12:20 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, both the described action and the described in action are commonly signs of impaired driving. They provide probable cause for pulling you over. Under the circumstances described, the Miranda rights are irrelevant.
Answered on Apr 08th, 2013 at 1:17 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Absolutely. That is what is called probable cause. The reading of your Miranda rights was also proper.
Answered on Apr 08th, 2013 at 1:17 PM