QUESTION
Do I need to be Mirandized when being detained and questioned for a second time about a traffic violation I was given a verbal warning for?
Asked on Mar 28th, 2013 on DUI/DWI - Michigan
More details to this question:
I was pulled over by the police for a traffic infraction and released with a verbal warning. Then an hour later, they came and found me sitting in a hospital and detained me and removed my friend from my room. Another deputy showed up about 20 minutes later and questioned me without reading me Miranda. I was subsequently arrested for DUI. I was not involved in an accident of any kind. Can I be detained like this when it has been an hour plus since I was pulled over and released?
6 ANSWERS
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You need to present more facts. You should contact a DUI defense lawyer to sift through the facts regarding the initial contact, the decision to not arrest you for DUI during the traffic stop, the facts that led the officers back to you and what statements you made. He/she should be able to help you determine whether the statements you made to the police may be stricken under Miranda.
Answered on Apr 09th, 2013 at 7:44 PM
Michael J. Breczinski
I would need more details. Was there an auto accident in which you were injured? Was the first interview at an accident site? Was the second after you were treated? All the details can make a difference.
Answered on Apr 01st, 2013 at 7:47 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Yes. Miranda protections only apply if you are 'in custody,' which is a regrettably fluid concept. The original warning was nothing that could create double jeopardy.
Answered on Apr 01st, 2013 at 12:09 AM
Before officers start questioning you regarding your case or aspects of evidence they need to read you your rights. If you are voluntarily giving information prior to having rights read that is ok. However it sounds like in your case they should have read your rights prior to questioning you.
Answered on Mar 31st, 2013 at 11:51 PM
No you don't. Miranda only has to be read after you are arrested/cuffed. It appears you were questioned prior to being officially arrested, so the conversation was consensual. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Mar 31st, 2013 at 10:57 PM
Bankruptcy Attorney serving Traverse City, MI
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Patrick S. Fragel, Attorney at Law, P.C.
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If you were being interrogated while in police custody, you are entitled to hear your Miranda rights. If not, anything you say during the interrogation is subject to being excluded from evidence. You need an attorney who can convince the Court that you were in custody while being questioned at the hospital. Call Patrick Fragel to further discuss.
Answered on Mar 31st, 2013 at 10:45 PM