yes i made a mistake. lots of bad judgement and such
i am on parole for a white collar crime and if i am convicted i could go back to jail
i made a horrible mistake but i am trying to straighten my life out
i am even a manager of a pizzaria(papa johns)
all i did was run off the road in a bad rain storm
i was not even in the car
when the police arrived
but i could not pass the sobriety test
i do not want to go back to jail
and i have a lot of peope depending on me
i learned my lesson and i just need help
please help me
thank you
2006-09-29 18:58:56 · 17 answers · asked by kevin m 1 in Politics & Government ➔ Law & Ethics
You can't because he doesn't have to read you your meranda rights.
2006-09-29 19:06:42 · answer #1 · answered by Jessica 6 · 2⤊ 1⤋
They do not need to read you your Miranda Rights if they have enough evidence to convict you without your making a statement.
Don't be a sniveler, just go to jail. DUI's not that many days in jail usually. As far as the white collar crime goes-thats just as bad as being a drug addict or any thief. Thieving isn't cool. So you might have to do a violation? Maybe you need extra time on probation so you can have extra help turning things around.
Seriously, where I live they put the people who don't have a record in an "honor Farm" where you could maybe jump the back fence and skip out-but why risk having such an easy time playing ping pong and such. Then get into one of those after-jail programs like a halfway house. You can change up and be doing way better. Just try.
2006-09-29 19:14:15 · answer #2 · answered by Thurston Howell III 4 · 2⤊ 0⤋
Miranda only applies to statements you made at the same time as: In custody, and being interrogated about a criminal act. If the Officer wondered you at the same time as he had you in custody, those statements can not be used as info hostile to you, nor can any info that got here out of your statements. celebration: You admitted you had an unlawful weapon contained in the motor vehicle at the same time as he wondered you. they could no longer use the weapon as info, because it would have come from self-incriminating statements made without Miranda. in spite of the indisputable fact that, any info that changed into no longer out of your statements remains admissible. So the sobriety try he did earlier he arrested you is admissible, as are the Officer's observations of your habit and the Breathalyzer try. If the only info that you've been DUI changed into statements you made after being in custody and wondered about a criminal act without Miranda, the case will be brushed off for lack of info. for the reason that it somewhat is maximum likely no longer the case, you're probable going to courtroom. If the Officer has the outcome of a field Sobriety try and a Breathalyzer try that aspect out you've been over the legal decrease, you're probable going to be convicted.
2016-11-25 03:32:52 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Sorry, not much you can do. I know this is not the answer you want to hear, but Miranda rights only need to be read prior to custodial interrogation. He can legally question you without reading your rights prior to arresting you. After placing you under arrest, he can question you for basic indentifying information without reading your rights. If he wants more than ID'ing information, thats falls under interrogation and he must read your rights at that point. The key point here is that you must be under arrest and he must be asking for more than basic identifying information. If he doesn't, it just means whatever you say in response to his interrogation is inadmissable...it does not necessarily mean that any other evidence is excluded or that the case has to be dropped. They probably have plenty of evidence to support a DUI regardless of what you said to him. A lawyer may be able to find other ways to attack the conviction, but generally it's pretty tough to do.
2006-09-29 19:16:46 · answer #4 · answered by WildBill846 2 · 1⤊ 0⤋
I'm sorry that happened but me, I'm a mother and I love my kids more than life itself and it' people like you who get behind a wheel drunk and kill innocent people. You need rehab. You will pay the price for this and hopefully learn something from it....you didn't pass the sobriety test. Thank god you just ran yourself off the road...in the eyes of the court you were drunk and drunk people don't remember things so manybe they did read you your miranda rights and you just don't remember...there isn't anything you can do about this one.
2006-09-30 16:21:26 · answer #5 · answered by Lipstick 6 · 0⤊ 0⤋
given your previous history, i wouldn't count on getting out of a DUI under a technicality. you'll just tick of the presiding judge. the best thing you can go right now is get a lawyer and see if the lawyer can set up a community service deal where you can go to schools and talk about drunk driving - in california that's a program to have a dui off of your record. good luck!
2006-09-29 19:04:01 · answer #6 · answered by Jennifer B 3 · 1⤊ 0⤋
Don't drink and drive jackass.
Other than that its your word against his, but you definately need a good attorney.
Its idiots like you that kill people, more worried about getting out of it than you are with not doing it. God bless the poor soul you hit and kill next time. Be thankful the Officer stopped you before you did. Get yourself a Designated Driver or call a cab. If you have enough money to drink, you have enough money to get a cab.
2006-09-29 19:03:02 · answer #7 · answered by Paul S 4 · 1⤊ 0⤋
First of all, it sounds like you deserve to go back to jail. Your previous trip didn't seem to do any good. But to answer your specific question, if you were not read your miranda rights than get an attorney, get off and you can kill someone next time you drink and drive.
2006-09-29 19:06:44 · answer #8 · answered by Alex 3 · 0⤊ 1⤋
Miranda doesn't matter here. You failed your sobriety tests and in your other post you said you blew a 0.155. Consider yourself lucky that you didn't kill some innocent person, and take your punishment like a man.
2006-09-29 19:06:51 · answer #9 · answered by Anonymous · 2⤊ 0⤋
You are trying to "straighten out your life" by driving drunk??? And then you make excuses like it was nothing?
Maybe if you stopped trying to "get out" of things and accepted responsibility for your actions you wouldn't be in so much trouble.
2006-09-30 02:45:16 · answer #10 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
The officer only has to read you your Mirnda rights if he is going to question you after arrest and use your statements in court. Bye - Bye
2006-09-29 19:11:26 · answer #11 · answered by mark g 6 · 2⤊ 0⤋