QUESTION
If I was arrested for DUI and reckless driving was I suppose to have my Miranda rights read to me?
Asked on Aug 01st, 2013 on DUI/DWI - Colorado
More details to this question:
I was never read my Miranda rights and was giving a breathalyzer at the station not at the time of being pulled over. I was pulled over at 9:27 pm and was given the breathalyzer at 10:30 pm yet the ticket says my bac was 0.14 at 9:27.
11 ANSWERS
Bankruptcy Attorney serving Florissant, MO
at
Law Offices of Thomas Corcoran Phipps
Update Your Profile
No. If the police don't read you your Miranda rights, they cannot use any statements that you make as evidence against you.
Answered on Aug 19th, 2013 at 7:26 PM
Geoffrey MacLaren Yaryan
Miranda rights are only required to be given if the police after you are arrested intend to question you.
Answered on Aug 09th, 2013 at 10:35 PM
Jacob P. Sartz
They don't need to advise you of your Miranda rights unless they wish to interrogate you while you are in custody. Miranda is only an issue if there are questions about an alleged confession or other incriminating statements made by an alleged suspect while in "custody." There may, however, be other issues with your alleged circumstances. The there may be issues with the initial traffic stop, testing procedures, or other questions about the police officer's conduct. It depends on the alleged circumstances. Generally speaking, confessions are less of an issue with Operating-While-Intoxicated or Operating-While-Impaired charges because the prosecutor relies more on the testing information. I'd recommend you privately consult with an attorney and exercise your right to counsel.
Answered on Aug 09th, 2013 at 10:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
It does not appear that your rights were violated but need more facts to form a firm opinion.
Answered on Aug 09th, 2013 at 10:35 PM
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. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Aug 09th, 2013 at 10:35 PM
Michael J. Breczinski
Thy do not have to read Miranda rights to you if they just arrest you. Miranda is only read after arrest if they want to interrogate you.
Answered on Aug 09th, 2013 at 10:35 PM
James Edward Smith
Should have before questioning you, but good luck if it's your word against the cops.
Answered on Aug 09th, 2013 at 10:35 PM
Bankruptcy Attorney serving Irvine, CA
at
Chambers Law Firm, P.C.
Update Your Profile
Miranda rights are only required if: 1. You are in custody; and 2. The police want to question you about the circumstances of the crime or offense. Both elements have to be present for Miranda rights to be required.
Answered on Aug 09th, 2013 at 10:35 PM
Criminal Defense Attorney serving Oakland, CA
at
Kapsack & Bair, LLP
Update Your Profile
If you were arrested you should have been read your Miranda rights prior to being questioned. If you were questioned after you were arrested you should be able to challenge the statements. Unfortunately, as is often the case, the interrogation occurs prior to the arrest and statements made prior to arrest are not subject to the protection offered by Miranda. You should consult with a DUI attorney, they can help you figure out how to defend your case.
Answered on Aug 09th, 2013 at 10:35 PM
2 Awards
No, in a DUI arrest, typically Miranda is not read. This is because all of the incriminating statements that you made happened before the officer had probable cause to arrest you. You ticket shows the time of the stop, not the time of the breath test. When you get the complete discovery packet, there will be printouts of the breath test, including the time and strength of the air sample. If this is your first offense in Colorado, you may want to talk to a local DUI attorney, DUI never go away in this state. If this is a second or more offense, you should defiantly consult with a DUI attorney.
Answered on Aug 09th, 2013 at 10:35 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
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 Aug 09th, 2013 at 10:35 PM