Miranda rights

[pugsly88]

What is the name of your state (only U.S. law)? NJ but PA license

I was recently arrested for a dui in which was provoked because I swerved from a deer in the middle of the ride and ended up hitting a telephone pole. The cops were there instantly and gave me a field sobriety test and arrested me. I am not sure if I was read my Miranda Rights, is there any type of proof that the cop would have to prove them being read to me? videotape? paperwork? etc? I can't imagine just his word alone against mine being a fair fight ,

thanks allWhat is the name of your state (only U.S. law)?

[Antigone*of*Greece]

Originally Posted by pugsly88

What is the name of your state (only U.S. law)? NJ but PA license

I was recently arrested for a dui in which was provoked because I swerved from a deer in the middle of the ride and ended up hitting a telephone pole. The cops were there instantly and gave me a field sobriety test and arrested me. I am not sure if I was read my Miranda Rights, is there any type of proof that the cop would have to prove them being read to me? videotape? paperwork? etc? I can't imagine just his word alone against mine being a fair fight ,

thanks allWhat is the name of your state (only U.S. law)?

How did the deer provoke the dui ~ did the deer shove the drink down your throat and then save "Drive or else" with it's antler poking your side

They do not have to read you miranda, unless you are being questioned.

[justalayman]

Wirelessany1;2335521]How did the deer provoke the dui ~ did the deer shove the drink down your throat and then save "Drive or else" with it's antler poking your side

I love it. I was thinking along the same lines although we both know what the OP meant. He meant he wouldn't have been caught if the deer had not been in the road so it's the deers fault he got the ticket.

[Antigone*of*Greece]

Originally Posted by justalayman

I love it. I was thinking along the same lines although we both know what the OP meant. He meant he wouldn't have been caught if the deer had not been in the road so it's the deers fault he got the ticket.

I know we have the right to remain silent, Just, but I just couldn't pass that one up.

[>Charlotte<]

Deer: Hey, see that guy coming down the road, driving like he's drunk? Watch this...

[justalayman]

Originally Posted by >Charlotte<

Deer: Hey, see that guy coming down the road, driving like he's drunk? Watch this...

It's a conspiracy I tell you. I saw these two squirrels pull the same thing on tv during a car insurance add.



Sorry op, just can't resist. Any gave you the correct answer previously but just to add:

if they were required to advise you of your rights and they failed to, you can seek any evidence obtained against you where you had not be advised of your rights, to be suppressed and not to be used in court against you.

[CdwJava]

Originally Posted by pugsly88

What is the name of your state (only U.S. law)? NJ but PA license

I was recently arrested for a dui in which was provoked because I swerved from a deer in the middle of the ride and ended up hitting a telephone pole. The cops were there instantly and gave me a field sobriety test and arrested me. I am not sure if I was read my Miranda Rights, is there any type of proof that the cop would have to prove them being read to me? videotape? paperwork? etc? I can't imagine just his word alone against mine being a fair fight ,

thanks allWhat is the name of your state (only U.S. law)?

I strongly suspect that the cops are not buying the deer-in-the-road argument, but you can run with that if you'd like.

No, DUI does not have to be read to you prior to investigating you for DUI. heck, they do not even have to read it to you after you have been arrested!

Miranda generally applies when both custody (like, an arrest) and interrogation exist. Now, if they want to use any statements you made AFTER they arrested you, then Miranda would have to be read to you.

If all you have is the mystery deer and a hop ethat Miranda will save you, it's time to talk to an attorney and look for a deal!

- Carl

[Antigone*of*Greece]

Originally Posted by CdwJava

I strongly suspect that the cops are not buying the deer-in-the-road argument, but you can run with that if you'd like.

No, DUI does not have to be read to you prior to investigating you for DUI. heck, they do not even have to read it to you after you have been arrested!

Miranda generally applies when both custody (like, an arrest) and interrogation exist. Now, if they want to use any statements you made AFTER they arrested you, then Miranda would have to be read to you.

If all you have is the mystery deer and a hop ethat Miranda will save you, it's time to talk to an attorney and look for a deal!

- Carl

I think the absence of little Ms. Miranda here is a sitting duck being blown out of the water by a whiskey toting moose...or deer...whatever.

[pugsly88]

you guys are just hilarious, think you would have better things to do with your lives then rip on people when they are feeling down as it is. I blew a .09 I was not that drunk whatsoever I woke up after 3 hours of sleep and made my way home , swerved from the deer and hit the pole.

grow up , all of you. find something better to do with your low lives

[Antigone*of*Greece]

Originally Posted by pugsly88

you guys are just hilarious, think you would have better things to do with your lives then rip on people when they are feeling down as it is. I blew a .09 I was not that drunk whatsoever I woke up after 3 hours of sleep and made my way home , swerved from the deer and hit the pole.

grow up , all of you. find something better to do with your low lives

You did get the accurate legal information you were looking for in the responses. Since this is a site where all of us are volunteers, you get what you pay for in the manner we wish to dish it.

stay sober - the deer will be watching

[justalayman]

Originally Posted by pugsly88

you guys are just hilarious, think you would have better things to do with your lives then rip on people when they are feeling down as it is. I blew a .09 I was not that drunk whatsoever I woke up after 3 hours of sleep and made my way home , swerved from the deer and hit the pole.

grow up , all of you. find something better to do with your low lives

yes you were "that drunk". NJ has a .o8% limit so yes, you were "that drunk"

forget about my helpful posts. Since you seem to think it is ok to dui, then please accept all penalties you are offered. You deserve them all.

[davew128]

If you're drunk, get hurt and miss work, do you get paid cash? Does your insurance company help with paying every day bills? I heard its like insurance for every day living.

[ERAUPIKE]

Originally Posted by pugsly88

you guys are just hilarious, think you would have better things to do with your lives then rip on people when they are feeling down as it is. I blew a .09 I was not that drunk whatsoever I woke up after 3 hours of sleep and made my way home , swerved from the deer and hit the pole.

grow up , all of you. find something better to do with your low lives

Big words from someone facing prison time for drugs and alcohol. Maybe you need to reconsider where you are coming from before you try and point the finger little one.

[CdwJava]

Originally Posted by pugsly88

I blew a .09 I was not that drunk whatsoever

By definition, .09 IS "drunk" (for purposes of driving, anyway).

Being under 21, it is also a zero tolerance violation.

By hitting a tree, that at least shows that you were not in control of the vehicle in some way ... this can be used to show impairment above and beyond the per se level.

So, you see, you were impaired.

So, did they take another test besides the field breath test? If so, what were those results?

- Carl

[pugsly88]

I never took a breathalyzer test at the scene, they took me to the station, and I blew into the machine they had there, .09%