Legal Question in DUI Law in New Jersey

DUI arrest but they nerer read my son his rights

My son go a DUI ticket, They took to the station. He failed the breathliazer test, I dont know the reading. However I asked him if they read him his rights, They did not. Does he have a chance to get this dismissed for that reason and how can you prove they did not read him his rights. Is it worth getting a lawyer? Thank you


Asked on 1/20/03, 10:09 am

5 Answers from Attorneys

John Pinho John Pinho

Re: DUI arrest but they nerer read my son his rights

Even if he was not read his rights, the police records will likely reflect that he was read his rights. Unfortunately, most police departments do not videotape defendants and therefore it is the police officer's word against the defendant's word and a judge will have a difficult time not believing the police officer.

Every DWI Defendant should have his case reviewed by an Attorney to determine whether there is a viable defense and to minimize the penalties as much as possible. The consequences of a DWI conviction are very serious and therefore I suggest that counsel be consulted. I provide a free consultation and can be reached at (973) 481-4364. I have offices in Harrison, NJ and Newark, NJ.

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Answered on 1/20/03, 6:20 pm
Bernard J. Berkowitz Berkowitz & Raiken

Re: DUI arrest but they nerer read my son his rights

Unless he was arrested and put in jail, he is not entitled to have his rights read to him. The police do have to follow a specific procedure when doing a DUI stop. Get the police report and bring it to an attorney to review. If you are in North Jersey call our office for a consultation. The first half hour is free if you mention this site.

Bernard Berkowitz

973-808-2003

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Answered on 1/20/03, 10:30 am
Gary Moore Gary Moore Attorney At Law

Re: DUI arrest but they nerer read my son his rights

It is definitely worth talking to a lawyer about your son's case. There are some defenses, including unreasonable search and seizure under the Fourth Amendment to the United States Constitution. You should call me at 800 273 7933 for a preliminary discussion of your son's case which can be followed up with a consultation at my office if our discussion is fruitful.

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Answered on 1/20/03, 11:20 am
Daniel B. Kelley Kelley Law Offices, L.L.C.

Re: DUI arrest but they nerer read my son his rights

While, as in any case, a full analysis of the facts in your son's case is required to see what the best probable outcome will be, the failure to read him his rights probably won't help us much. First, because "reading rights" is not required on a general traffic stop and second, because we could only use the failure to read the rights to keep out any harmful statement your son may have made. In most DUI cases, the person's actions/breath smell, etc. provide plenty of evidence for the state without looking at statements by the defendant.

With that said, however, there may be some cases where the failure to read rights becomes an issue. That is why we would completely work up your son's case before deciding how to proceed.

This would include, depending on what your son's BAC reading was, determining what options we have without rolling the dice on a trial.

The decision to hire an attorney is always a personal one, however, most people would probably benefit from at least talking to alwyer under these circumstances. These charges are rather serious and potentially involve high fines and license suspension.

I handle these cases in Courts from Trenton area and South. If the charges are in an appropriate Court, please feel free to give me a call/e-mail for a free consult to discuss the details of your son's case. We can determine what options are available and what the outcome is likely to be.



Feel free to check my website at njlawpages.com for further information about myself and my practice areas.

Thanks,



Daniel B. Kelley

[email protected]

(856)616-8080

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Answered on 1/20/03, 12:22 pm
Evan Levow Lutz, Levow & Costello, P.A.

Re: DUI arrest but they nerer read my son his rights

Please see my website

www.nj-dmv-dwi.com

There is a lot of useful information there.

Then, please call me for a free consultation on your son's case.

Thank you.

888-777-0455

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Answered on 1/20/03, 1:48 pm


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