Please HELP on DUI

[junkflorence]

What is the name of your state? Kentucky

What if the COP didn't say Miranda rights to me and of course he didn't say the reason for arrest also while I was arrested, but he did all fields tests in the paring lot.

Please advise, is there any possibility I can get less punishable due to the above COP mistakes

Thanks

[CdwJava]

There was no mistake. Unlike TV, Miranda is not required on arrest - only when you are under arrest AND being interrogated. It is also clear USSC case law that Miranda is not required before FSTs.

And he doesn't have to tell you why you were arrested right there ... though I suspect you KNEW you were arrested for DUI. And then when you were booked or cited, you also knew what you were picked up for.

Contact an attorney. The previously mentioned concerns are completely irrelevant.

- Carl

[Ptorian]

Junflorence,

Yeah I don't want to burst you bubble or anything, but CdwJava is right, those things only matter on TV. However, this doesn't mean all hope is lost. Tell us more about your case though so we can better help you. What was the reason cited for the initial stop for example? What was your BAC? Were you cooperative? What will the officer's dash cam reveal?

[CdwJava]

I keep reading people talk about dashcams! These things must be popular in other states ... in my state (CA) they are in so very few cars (usually DUI detail or dedicated traffic cars). I wish we had them, but the expense keeps leaving my city council gagging at budget time.

- Carl

[Ptorian]

CdwJava,

Wow. I assumed that almost all poilice departments were using dashcams these days. They really shouldn't be considered a luxury anymore. They have proven so helpful to prosecuters, and sometimes the defense. These things don't lie. In my state (NC), everyone who is pulled over knows that he or she is on camera, and so is his or her license tag. People tend to be on their best behavior now, especially the idiots who would've done something stupid like try to shoot the cop.

[CdwJava]

Originally Posted by Ptorian

CdwJava,

Wow. I assumed that almost all poilice departments were using dashcams these days. They really shouldn't be considered a luxury anymore. They have proven so helpful to prosecuters, and sometimes the defense. These things don't lie. In my state (NC), everyone who is pulled over knows that he or she is on camera, and so is his or her license tag. People tend to be on their best behavior now, especially the idiots who would've done something stupid like try to shoot the cop.

There are a handful of states that have established a state fund to pay for these cameras. Mine is not one of those ... but, with so many officers, it would be a hugely expensive proposition.

My department has zero ... in fact, even counting the CHP units here, there are ... hmmm ... ZERO dashcams in my entire county. Well, the CHP has a pair of units with dashcams that come through from time to time on interdiction details.

Camera outfits are becoming smaller, cheaper, and more convenient if the agency already has a decent computer system. I doubt it will be too long before some form of system is in place in most agencies even in CA. But, for the moment, we don't get them very often.

Although all my officers are wired for audio.

- Carl

[Ptorian]

Yeah, I was thinking what a huge problem it would be for Cal to finance such an endeavor. I'm sure it wont be too long though before you guys start getting them. I think they are becoming more widley thought of as necessities rather than luxuries.

[CdwJava]

Originally Posted by Ptorian

Yeah, I was thinking what a huge problem it would be for Cal to finance such an endeavor. I'm sure it wont be too long though before you guys start getting them. I think they are becoming more widley thought of as necessities rather than luxuries.

When it becomes a make or beak issue in court, that's when the push will be on. So far, however, many states still give the officers' observations great credibility in court so there is no vital need for them.

- Carl

[garrula lingua]

No dashcams in SoCal, (Los Angeles County Sheriff).

[Ptorian]

OK then, you have that going for you. Now it's your word against the officer's. Trust me, an experienced judge knows that cops can be a little overzealous sometimes, and that they sometimes embelish or even lie. So don't let anyone tell you that an officer;s testimony is always worth its weight in gold. Especially if the officer has a rep for being over the top. I would still like to know more details of your stop though.

[CdwJava]

Usually when they are shooting for the "no Miranda" defense, they know their goose is cooked. At this point, he needs to hire an attorney that specializes in DUI defense, or go for an attorney that can work out the least painful deal.

- Carl

[Ptorian]

Yeah, I was thinking the same thing. Grasping at straws. The rest of the story, for which I've been asking, must be pretty bad.

[junkflorence]

Thank you for your prompt response.

Here is my case. I am driving across the apartment complex(around 1/4 mile) and cop stoped me while I was doing parking, the reason says that weaveing in the same line.
The cop report says that every thing was video taped.The BAC level was 0.12 through breathanalizer. .

I know It was mistake which would be the first and last.

Any suggestions would be greatly appreciated

Thanks,

[gadui]

First, write down every detail of the day of your arrest - what you ate, any medications you may have taken, how much you drank, who was with you, everything said between you and the officer, steps taken in your arrest (what FST you did, etc). Do this now while it is still fresh in your mind.

Next, your license WILL BE automatically suspended 30-days after your arrest if you don't request a hearing with the DMV within 10 days of your arrest. You don't need an attorney to do this. Just write the letter yourself.

Then, consult an attorney. Bring your written narrative of the incident with you. The questions you are asking here are best answered by a legal professional and your first consultation is usually free. The attorney will be able to tell you if there is some legal reason why you should not be convicted.

Last, expect that you will be convicted of dui and that you will face the consequences. It's just not that easy to get out of it.

[BigMistakeFl]

Dashcams are used in a small percentage of cruisers here in Florida. Often in county cars, but less in city vehicles. Almost no state troopers use them, which is most surprising.

I have not found a reason why being cooperative during the arrest has been helpful in a DUI defense. It's nice and likely appreciated by the cop, but does little toward any sort of reduction of charges with the prosecution. The judge does not have the power to reduce DUI to anything less.