Legal Question in DUI Law in California

My Rights

I got arreseted for a DUI was the officer required to read me my rights? Or have i

watched to much TV

Asked on 10/03/05, 8:44 pm

3 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: My Rights

A police officer need give a person his or her Miranda rights if they intend to question a suspect. Any statements which a person volunteers to the police officer, that is statements that are not made in response to a direct question are not necessarily suppressable under Miranda.

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Answered on 10/04/05, 12:47 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: My Rights

Not reading you your Miranda rights could make any statement you made inadmissible (if properly challenged in court by your lawyer). Trouble is, the admissibility of your blood or breath test isn't affected by a failure to read you your rights, same for the field sobriety test (the videotape of you staggering). But there are all kinds of other tactics that a good lawyer can use to keep out damaging evidence in defending a DUI criminal and DMV case. Call one. And yes, if you are like the average person you probably do watch too much TV (according to today's paper the national average is 8.3 hours/day).

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Answered on 10/03/05, 9:02 pm
Quincy Hoang Quincy Hoang, Attorney

Re: My Rights

I agree with each statement of Mr. Stone (see previous post). I would like to add that Miranda rights protects an individual against making incriminating statements while UNDER ARREST. Technically, the questions that you answered and the field sobriety tests that you were given are part of the investigative questioning and therefore prior to your actual arrest. (A bunch of b.s. in my opinion.)

You can email me with any further questions.

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Answered on 10/03/05, 10:59 pm

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