Miranda is only required when you are in custody and being interrogated. At this point, you are simply detained.
Originally Posted by pasadena112
Nine out of ten arrests do not require Miranda. Most DUI arrests do not require Miranda, and the FSTs do not require them before they are implemented.
So after they question me they do a sobriety test and at this point I had already been arrested without being read my rights,
Just imagine what you had been at a few hours earlier! Wow! You were probably about .20 when you hit the car.
so after the test they breathalyze me twice and i blow a 0.13 and 0.14 which is a good amount nearly 4 hours after i had been sleeping although alcohol content was probably at its peak or just after it.
The first test was the field PBT which is considered part of the FSTs and not the mandated test. The blood test you chose is the required test.
Even though I had been tested twice they made me consent to another one and this time I chose the blood test, so I was taken to the hospital and had my blood drawn then they brought me back to the station and put me in the holding tank and 8 hours later I was released.
You mean ... CVC 23140(a)? There is no 23149.
I was given a CVC 23152(A) DUI and CVC 23149(A) Under 21
If you do not, your license will be suspended in 30 days.
So my question is should I make an appointment with DMV to contest my DUI?
He did not need to read you your rights unless he interrogated you about the offense after you were arrested. If so, any statements you made can be suppressed ... but, that would have likely been after you were handcuffed. Not writing down your plates is irrelevant, and treating you "fairly" is also not relevant to the offense.
because I believe the officer who arrested me was a trainee officer who neglected to read my rights, who didnt even write down my plates because he asked me back at the station or treat me fairly.
You can certainly point out that there was no driving observed, but if the officer points out one of the exceptions to the observed driving law, then you're done.
And if i do set up an appointment what should I say in the hearing, to convince the DMV that I had no intentions of driving due to my state.
The exceptions to the observed driving are:
(a) The person is involved in a traffic accident.
(b) The person is observed in or about a vehicle that is
obstructing a roadway.
(c) The person will not be apprehended unless immediately
(d) The person may cause injury to himself or herself or damage
property unless immediately arrested.
(e) The person may destroy or conceal evidence of the crime unless
Sorry you think your actions have resulted in your being subject to "unfair" treatment.
Because I think that it is unfair to have my license taken away, and make my mom pay the thousands in fees from the DUI.
An attorney can negotiate a plea deal, or he may be able to find some fault in the police investigation that could result in your getting an underage consumption or public intoxication charge instead.
The second question i have is: is it worth paying for a lawyer/attorney in my court date on june 7th? And how much of a difference will he make in the final decision, will he be able to lower my sentence because I already used all of my money to get my car out of the impound.