QUESTION
If you are arrested for DUI does an officer have to read you your rights?
Asked on Oct 20th, 2012 on DUI/DWI - California
More details to this question:
I was arrested for DUI, misdemeanor possession, fully cooperated with officer handcuffed, booked into jail or next day, but never was read my rights. Can I beat this case?
13 ANSWERS
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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No. Miranda warnings are not required for a valid arrest.
Answered on Jun 26th, 2013 at 9:54 PM
Leonard A. Kaanta
Maybe.
Answered on May 21st, 2013 at 2:43 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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The easy answer is: No, you cannot beat this case based on Miranda. 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. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest. However, you may have other defenses available to you which would requires an attorney consultation. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Oct 24th, 2012 at 9:39 PM
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An officer is not required to read you your rights if he does not ask you any questions. It may be possible to beat the case, but not for that reason. You should hire an attorney immediately to help you.
Answered on Oct 23rd, 2012 at 5:20 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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This is a common question. If you were never read your Miranda rights, it is possible to suppress statements made after you were arrested. This does not necessarily mean that you can beat the case, but it can be helpful.
Answered on Oct 23rd, 2012 at 5:17 PM
Michael Paul Vollandt
Nope. Not unless he starts to engage into a conversation with you.
Answered on Oct 23rd, 2012 at 5:14 PM
No. They rarely if ever need to read you your rights. Miranda only has to be read after you have been cuffed, and only if they intend on interrogating you post arrest. Most cops are trained to get everything they need from your mouth PRIOR to arrest, so Miranda is simply irrelevant.
Answered on Oct 23rd, 2012 at 5:13 PM
Gary Moore
It all depends on whether you made some incriminating statement upon which the state's proofs depend. A thorough sit down with an experienced criminal is something you must have.
Answered on Oct 22nd, 2012 at 9:34 PM
Michael J. Breczinski
You Miranda right only count if: A you were first arrested and then B: They want to ask you questions and the answers could incriminate you. If they just arrest you then the answer is no. In many situations the cops just want to take you to jail not interrogate you. In those situations they do not have to read you those rights.
Answered on Oct 22nd, 2012 at 9:13 PM
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They only have to read rights if they question you while in custody. And judges somehow do not find custody until you are cuffed. Well, mostly. But the case can be won.
Answered on Oct 22nd, 2012 at 8:57 PM
John J. Carney
The police do not have to read the Miranda Warnings unless they interrogate a suspect who is in custody. The evidence of your breath test and how you acted and drove will determine what you are convicted of.
Answered on Oct 22nd, 2012 at 8:56 PM
Domestic Violence Attorney serving Orange, CA
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Law Office of James Gandy
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No. An officer never has to read anyone the Miranda warnings unless, and until, they plan on interrogating the person while they are in custody.
Answered on Oct 22nd, 2012 at 8:55 PM
Miranda rights are not required nor are they read in DUI investigations.
Answered on Oct 22nd, 2012 at 8:55 PM