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  #1  
Old 07-06-2009, 02:18 PM
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Need advice on a DUI I received a couple nights ago.

This happened in the state of california, this is my first DUI ever.

I was pulled over a couple of nights ago, I just assumed it was for speeding, but was asked for my license and registration and told to step out of the vehicle after a couple of minutes. They asked me to do the field tests, I felt I did fine and then they had me blow in a breathalyzer and I blew a .11 (I had been drinking early in the afternoon and quit at around 5 pm, and I stepped into my car around 10:30) , I was taken to the jail and released immediately after they fingerprinted me. I was never told why I was pulled over and they never read me any rights, they just arrested me on the spot and put me in the back of the cruiser. I'm wondering if anyone has any advice about this situation.
Last edited by MIPCalifornia2; 07-06-2009 at 02:20 PM.
  #2  
Old 07-06-2009, 03:11 PM
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Quote:
Originally Posted by MIPCalifornia2 View Post
This happened in the state of california, this is my first DUI ever.

I was pulled over a couple of nights ago, I just assumed it was for speeding, but was asked for my license and registration and told to step out of the vehicle after a couple of minutes. They asked me to do the field tests, I felt I did fine and then they had me blow in a breathalyzer and I blew a .11 (I had been drinking early in the afternoon and quit at around 5 pm, and I stepped into my car around 10:30) , I was taken to the jail and released immediately after they fingerprinted me. I was never told why I was pulled over and they never read me any rights, they just arrested me on the spot and put me in the back of the cruiser. I'm wondering if anyone has any advice about this situation.

get a lawyer.

you have a serious issue at hand.

the cops do not have to read you are rights. that's only TV stuff.

plenty of people on this site from Cali that can give you good info. I am sure some will reply but I would get a lawyer ASAP.
  #3  
Old 07-06-2009, 03:17 PM
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Quote:
Originally Posted by MIPCalifornia2 View Post
This happened in the state of california, this is my first DUI ever.

I was pulled over a couple of nights ago, I just assumed it was for speeding, but was asked for my license and registration and told to step out of the vehicle after a couple of minutes. They asked me to do the field tests, I felt I did fine and then they had me blow in a breathalyzer and I blew a .11 (I had been drinking early in the afternoon and quit at around 5 pm, and I stepped into my car around 10:30) , I was taken to the jail and released immediately after they fingerprinted me. I was never told why I was pulled over and they never read me any rights, they just arrested me on the spot and put me in the back of the cruiser. I'm wondering if anyone has any advice about this situation.
So, are you saying that you were too intoxicated to remember being told that you were being arrested for DUI?
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  #4  
Old 07-06-2009, 03:18 PM
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They do not have to tell you why they pulled you over at the scene. The reasonable cause for the stop will be in the report and will be brought up at trial.

As mentioned, your rights are not usually read to you. Miranda is only required when you are both in custody and being interrogated. The investigation does not generally require Miranda rights to be read. Plus, about 90% of arrests will never require Miranda or post-arrest interviews. While TV accurately reflects the POLICY and practice of the NYPD on these shows (to read Miranda upon arrest) - at least as it was a few years ago - it is not a legal requirement upon an arrest.

If you blew a .11 more than 5 hours after you stopped drinking, wow! You are either very petite or you had tied one on!

Obtain legal counsel.

- Carl
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  #5  
Old 07-06-2009, 03:19 PM
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Our OP seems not to learn: http://forum.freeadvice.com/drug-charges-28/mip-alcohol-391216.html
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #6  
Old 07-07-2009, 03:38 PM
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Quote:
Originally Posted by Zigner View Post
Our OP seems not to learn: [url]http://forum.freeadvice.com/drug-charges-28/mip-alcohol-391216.html[/url]
I don't understand why you're being so hostile, if it placates you that was my brothers post and this is his account he told me to post on here for advice. You didn't read my post correctly I was simply stating they never gave me a reason as to why they pulled me over.
  #7  
Old 07-07-2009, 03:51 PM
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Quote:
Originally Posted by MIPCalifornia2 View Post
I don't understand why you're being so hostile, if it placates you that was my brothers post and this is his account he told me to post on here for advice. You didn't read my post correctly I was simply stating they never gave me a reason as to why they pulled me over.
They didn't have to give YOU the reason. I am sure the reason was obvious though.

Get counsel and go to AA
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Last edited by Antigone*of*Greece; 07-07-2009 at 03:54 PM.
  #8  
Old 07-07-2009, 03:55 PM
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Quote:
I was simply stating they never gave me a reason as to why they pulled me over
Once you get a lawyer, have him obtain a copy of the police report. It should say why the officer pulled you over. If it does not, or if it contains anything else peculiar, then your lawyer may be able to use it to your advantage.

As mentioned, they don't need to tell YOU why they stopped you, but they need to tell the judge.
  #9  
Old 08-05-2009, 06:56 PM
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What is everyones problem here? This is supposed to be what I thought a free legal help/advice forum! All I see here is people asking for help and then the people that respond just down them???

I wish people would be able to understand that we are human and make mistakes. YES DUI is wrong but thats for another forum not on a help forum.

Grow up people
  #10  
Old 08-05-2009, 07:01 PM
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Quote:
Originally Posted by zero061099 View Post
What is everyones problem here? This is supposed to be what I thought a free legal help/advice forum! All I see here is people asking for help and then the people that respond just down them???

I wish people would be able to understand that we are human and make mistakes. YES DUI is wrong but thats for another forum not on a help forum.

Grow up people
and, uh.... who are you?

OP received his advice.

OP, i got to be honest. being in CA, i think an attorney is a waste of time. for a first DUI. take the DA's plea, do the probation, and don't drink and drive again. stick to drinking at home and/or bars you can walk to and from home.
  #11  
Old 08-05-2009, 08:14 PM
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Quote:
Originally Posted by zero061099 View Post
What is everyones problem here? This is supposed to be what I thought a free legal help/advice forum! All I see here is people asking for help and then the people that respond just down them???

I wish people would be able to understand that we are human and make mistakes. YES DUI is wrong but thats for another forum not on a help forum.

Grow up people
The original poster received some decent advice.

Yes, the OP is human, and we make mistakes. But this mistake can and does kill. Do we also forgive a rapist or a molester because he is just human and makes mistakes?

Granted, the examples are extreme, but the point is that forgiving is a great thing, but it does not mean that punishment and maybe even a firm tongue-lashing is not deserved.

- Carl
__________________
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"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
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