Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Drunk Driving / DUI / DWI

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 08-17-2007, 12:39 PM
Junior Member
 
Join Date: Aug 2007
Posts: 1

OUID for Marijuana


i was pulled over for my air freshener being an obstruction of view...the police officer never read me my rights when i was arressted..is something wrong here?
  #2  
Old 08-17-2007, 12:43 PM
Senior Member
 
Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
Quote:
Originally Posted by cory_jbrooks View Post
i was pulled over for my air freshener being an obstruction of view...the police officer never read me my rights when i was arressted..is something wrong here?
If he didn't ask you any questions (other than what's your name and address, etc.) it is not required to have the Miranda warnings read.

By the way, what does this have to do with marijuana?
__________________
There are two rules for success:

(1) Never tell everything you know.
  #3  
Old 08-17-2007, 03:01 PM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 18,456
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
What state are we walking about? There IS case law that exists specifically on the issue of hanging air fresheners out of the 9th Circuit Court of Appeals.

In short, the arrest would have to have been for probable cause. If the obstruction of view is a violation in your un-named state, then the detention will likely be lawful. After that, the cause for the arrest will have to be based on factors you have neglected to advise us of.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #4  
Old 08-17-2007, 04:14 PM
Senior Member
 
Join Date: Jan 2005
Location: North Florida
Posts: 1,625

BigMistakeFl


I believe we are missing vital parts of this story. It's like watching the finale of Desperate Housewives and not knowing that Gabby slept with her lawn boy.

To the OP, please fill in the blanks.
__________________
"I only had a couple of drinks..... there's no way I was impaired!."
  #5  
Old 08-17-2007, 10:49 PM
Senior Member
 
Join Date: Dec 2005
Location: Ohio
Posts: 31,761
Maybe the air freshener was made of marijuana?
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 07:05 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.