miranda rights question - arrested for DUI + hefty drug charges

[jakobrockz]

What is the name of your state (only U.S. law)? Georgia

So I was arrested with a DUI and some HEFTY drug charges that was found after they conducted a search. I was barely under the influence of marijuana, especially considering my tolerance but whatever.

It started with a car incident at a red light and her and I pulled over. Just so happened that a cop was a few cars behind me (**** me right) as I could've easily gotten away with it by just talking to her as there was 0 damage.

Cop was asking for insurance and such, then asked me to walk over to his police car as he smelled marijuana on my person and asked me when the last time I smoked that day. I admitted to smoking earlier in the day, and was immediately arrested for DUI.

Once I was in the cop car, I denied blood test and refused to answer anything else without a lawyer. Idk why I didn't just start with that.

I was never read my miranda rights. Were the questions he asked me when while I was at his cop car considered to be interrogation? Because the situation turned from a car incident into an investigation.

Could I possibly beat the DUI case? As all interrogation is thrown out if I wasn't read my miranda rights... correct?

 

[quincy]

What is the name of your state (only U.S. law)? Georgia

So I was arrested with a DUI and some HEFTY drug charges that was found after they conducted a search. I was barely under the influence of marijuana, especially considering my tolerance but whatever.

It started with a car incident at a red light and her and I pulled over. Just so happened that a cop was a few cars behind me (**** me right) as I could've easily gotten away with it by just talking to her as there was 0 damage.

Cop was asking for insurance and such, then asked me to walk over to his police car as he smelled marijuana on my person and asked me when the last time I smoked that day. I admitted to smoking earlier in the day, and was immediately arrested for DUI.

Once I was in the cop car, I denied blood test and refused to answer anything else without a lawyer. Idk why I didn't just start with that.

I was never read my miranda rights. Were the questions he asked me when while I was at his cop car considered to be interrogation? Because the situation turned from a car incident into an investigation.

Could I possibly beat the DUI case? As all interrogation is thrown out if I wasn't read my miranda rights... correct?

Your best chance to "beat the DUI" is to hire an experienced attorney who specializes in DUI defense. The attorney will investigate the stop, what you told the officer and when, the search, the drug test, and the arrest and the charge to see if the charge can be dismissed (perhaps on a technicality) or reduced.

Good luck.

 

[jakobrockz]

Your best chance to "beat the DUI" is to hire an experienced attorney who specializes in DUI defense. The attorney will investigate the stop, what you told the officer and when, the search, the drug test, and the arrest and the charge to see if the charge can be dismissed (perhaps on a technicality) or reduced.

Good luck.

I have a great lawyer. He has been very busy the past couple weeks and haven't had time to talk because of other trials going on. My arrest was 6 months ago and still haven't herd anything.

Didn't really answer my question though. I was never given a drug test either because I refused, but I'm pretty sure they take that as a positive test.

 

[justalayman]

What is the name of your state (only U.S. law)? Georgia

So I was arrested with a DUI and some HEFTY drug charges that was found after they conducted a search. I was barely under the influence of marijuana, especially considering my tolerance but whatever.

It started with a car incident at a red light and her and I pulled over. Just so happened that a cop was a few cars behind me (**** me right) as I could've easily gotten away with it by just talking to her as there was 0 damage.

Cop was asking for insurance and such, then asked me to walk over to his police car as he smelled marijuana on my person and asked me when the last time I smoked that day. I admitted to smoking earlier in the day, and was immediately arrested for DUI.

Once I was in the cop car, I denied blood test and refused to answer anything else without a lawyer. Idk why I didn't just start with that.

I was never read my miranda rights. Were the questions he asked me when while I was at his cop car considered to be interrogation? Because the situation turned from a car incident into an investigation.

Could I possibly beat the DUI case? As all interrogation is thrown out if I wasn't read my miranda rights... correct?

Nope nope nope. Miranda rights do not apply until you are in custodial arrest. The cop was investigating the accident. He wasn't detaining you.

Additonally Georgia alllows an exemption for a search warrant based on the odor of marijuana. He could have searched the car base on the odor alone.

 

[quincy]

I have a great lawyer. He has been very busy the past couple weeks and haven't had time to talk because of other trials going on. My arrest was 6 months ago and still haven't herd anything.

Didn't really answer my question though. I was never given a drug test either because I refused, but I'm pretty sure they take that as a positive test.

Your attorney can give you a better idea of what is possible in your case than anyone here can.

The Miranda Rule applies to questioning initiated by police after a person has been taken into custody or otherwise detained. Before questioning, an officer must warn a person of the right to remain silent and that anything said can be used as evidence against him and that the person has the right to have an attorney present and that an attorney will be appointed prior to questioning if the person cannot afford one.

No evidence obtained during questioning can be used against an accused at trial unless or until the police can demonstrate the warning was given (or that rights were waived).

 

[jakobrockz]

Nope nope nope. Miranda rights do not apply until you are in custodial arrest. The cop was investigating the accident. He wasn't detaining you.

Additonally Georgia alllows an exemption for a search warrant based on the odor of marijuana. He could have searched the car base on the odor alone.

I would consider myself as being in custodial arrest as I was pulled aside to speak to (without the person I hit in the accident) and was asked questions.

I have a great lawyer and hope this works out. Thanks for the replies

 

[quincy]

I would consider myself as being in custodial arrest as I was pulled aside to speak to (without the person I hit in the accident) and was asked questions.

I have a great lawyer and hope this works out. Thanks for the replies

A person arrested and charged with a crime cannot do much better than to have a great criminal defense attorney working for him.

Good luck.

 

[justalayman]

I would consider myself as being in custodial arrest as I was pulled aside to speak to (without the person I hit in the accident) and was asked questions.

I have a great lawyer and hope this works out. Thanks for the replies

What you consider it to be is irrelevent. He was investigating a traffic accident. He was not detaining anybody. The law obligated you to make the report. Leaving would have been a crime which he could have arrested you for.


But regardless, the odor exception to the need for a search warrant makes your argument moot.

 

[HighwayMan]

I would consider myself as being in custodial arrest as I was pulled aside to speak to...

It was far from a custodial arrest. Even if it was a temporary detention (as a traffic stop is) Miranda doesn't apply.

Stop blabbing about your case on Internet forums. Shut up and let your attorney deal with this.

 

[CdwJava]

I would consider myself as being in custodial arrest as I was pulled aside to speak to (without the person I hit in the accident) and was asked questions.

You are free to "consider" it whatever you will, but it's not the law. Miranda does not generally apply during a detention - especially when they involve traffic matters. There is ample case law to that point, so it's a non-starter.

It seems apparent that the officer smelled the marijuana on you, observed what he believed to be the objective signs of impairment, and acted accordingly. Whether they can make the charges stick in a GA court I cannot say. But, probable cause is a relatively low standard to meet and an arrest and subsequent vehicle impound and inventory, or search for additional contraband, is most often perfectly lawful ... even if you are not ultimately convicted of - or even charged with - DUI.

As a note, marijuana reeks. It stinks. People who do not use it can smell it on you, your clothing, your furniture, etc. for a long time after use. Even if stored in a baggie in the car, it stinks. I come from a state where it is all but legal and I smell it on people all the time ... and, ironically, they also often tend to be half-baked as well. Sadly, many of them are driving!

 

[quincy]

I would consider myself as being in custodial arrest as I was pulled aside to speak to (without the person I hit in the accident) and was asked questions. ...

Your attorney will certainly look into this as he will look into everything surrounding the stop and the arrest. You should inform your attorney of all that happened and then you must trust that your attorney knows what he's doing.

Good luck.