My son last night was charged with a DUI his BAC was 0.026 he is 17
I suspect that, technically, it was not for impaired driving but, instead, for a minor driving with alcohol in his system (aka 'zero tolerance').
He was arrested but released to me intake would not take him and Juvenile would not either.
This is not generally a bookable offense as he was not likely impaired (to the level required for DUI). Releasing a child to a parent in these instances is the most common result.
He was only read his miranda rights after the arrest half way to the sherriff station. about 5 miles after the arrest. While the officer was driving down the road.
Unless he was interrogated when he was at least 1/2 way to the station, it is irrelevant. Heck, they probably never had to read him his Miranda rights in this instance. Note that some 9 out of 10 arrests will not require Miranda. Even those that do, the most common remedy for a Miranda violation is the suppression of statements and evidence that were made/found in violation of Miranda.
The paper work states he stated he was drinking.I was there when the officer arrested him officially .
But you were not there when they initially contacted him, nor for the whole process before you arrived. If you feel the officer is lying, then you can hire an attorney to try and show that. Good luck with that one.
They didnt impound the car but did have it towed ? I did ask them why I could not just drive the car home 1 mile away they told me they had to have it towed. Where do you believe he stands?
It is common practice to impound a vehicle that has been driven by someone arrested. However, recent case law has determined that a statutory authority for impounds is insufficient, in itself, to justify a vehicle impound. The courts additionally require a separate, independent justification for the impound under the "community caretaking" exception to the warrant requirement. (Miranda (9th Cir. 2005) So, it may be possible to make the department eat the cost of the impound. But, the state is AZ state law may be such that there was some other grounds for the mandatory tow, but I suspect someone 'oopsed' because it is ingrained into us that we can tow a car when we arrest someone.
Though, whether it will be worth hiring an attorney for $1,000 to find relief from a $200-300 tow is questionable. I suspect you can appeal the tow and at that appeal ask the city to pay for the cost of the impound and release.
This all came about his friend was actually driving without a license, when the officer turned on the lights they did a chinese switch which put my son in the drivers seat,car standing still and off.
First off, a "Chinese fire drill" requires all the participants to get OUT of the car and run around it as they switch places. This was not such an activity. (Much stupid fun as a kid
)
Second, as an officer of many years experience, let me assure you that had they been engaged in such furtive movement in the front seat of the car, the officer would have probably pulled his gun out and held people at gunpoint until help arrived and he could sort out what happened. We tend to get very nervous when we see that kind of activity ... plus, note that we can SEE it. The officer is watching the car prio ro the approach and during his approach! Unless he was a complete twit and decided to rearrange the trunk of his car for a minute or three while they were squeezing past each other in the front seat of the car, I doubt this happened without the officer's knowledge.
They were honest with the officer and explained this to him,but to no prevail,which the friend was not drinking and passed the DUI test. The third person in the car was not tested. ?
Obviously the officer did not believe him. Now, you can hire an attorney and you can have the other kid take the stand and admit he was driving without a license in an effort to protect your son. But, that means this other kid will have to risk a criminal conviction, himself, and his parents may likely tell him, "No" to such a confession - and his attorney would almost certainly say, "No". Plus, in all likelihood, a jury is not going to buy it ... unless, as I stated, the officer was engaged in some sort of fen shui exercise at his trunk where he was unable to see the suspect vehicle for a minute or two.
So, what penalty have you applied at home for junior due to his drinking and driving? Or, at least for his drinking? Anything at all? I do hope you have not decided that "boys will be boys"! I have three sons, and I guarantee you that whatever the state would do to them in this situation would be far less memorable than what *I* would do to them!
- Carl
