Forestgrump
Member
What is the name of your state? Va
Last night a girlfriend and I went out, we both had one glass of wine and shared a second. We then pulled into a school parking lot to chat. About three minutes later a police officer came and asked her to get out of the car. The keys were not in the ignition, in fact they were on my side of the car because I was looking at her key chain she had just gotten. The car was off. The officer asked her to take all sorts of sobriety tests, she passed, then asked her to take a breathalyzer, she knew she had just had wine and she declined, so she was put under arrest. At the jail she did blow a .10 (in VA .08 is legally drunk).
My questions are do the police have to read the "Miranda Rights" when someone is being handcuffed and taken to jail? How can they arrest her for a DWI when she wasn't driving at the time and the keys were not even in her hands/car ignition etc? I appreciate your help in advance, She knows she'll have to get a lawyer, but I told her I would ask what all of you thought about what actually took place.
Thanks,
FG
Last night a girlfriend and I went out, we both had one glass of wine and shared a second. We then pulled into a school parking lot to chat. About three minutes later a police officer came and asked her to get out of the car. The keys were not in the ignition, in fact they were on my side of the car because I was looking at her key chain she had just gotten. The car was off. The officer asked her to take all sorts of sobriety tests, she passed, then asked her to take a breathalyzer, she knew she had just had wine and she declined, so she was put under arrest. At the jail she did blow a .10 (in VA .08 is legally drunk).
My questions are do the police have to read the "Miranda Rights" when someone is being handcuffed and taken to jail? How can they arrest her for a DWI when she wasn't driving at the time and the keys were not even in her hands/car ignition etc? I appreciate your help in advance, She knows she'll have to get a lawyer, but I told her I would ask what all of you thought about what actually took place.
Thanks,
FG