I was arrested for a DUI and the hole time from the time the police had first contact w/ me and from the time i was realesed, no one read me my rights. was this supposed to be done or not?
2006-10-06 03:33:37 · 19 answers · asked by crazyami 2 in Politics & Government ➔ Law & Ethics
You only get read your Miranda warnings if the Police intend to interrogate you while you are in custody. If they are not interrogating you they don't have to Mirandize you. Furthermore, if you gave a breath, blood or urine test this does not qualify as interrogation. In most state you are required by law to submit to a chemical analysis test. You may refuse to do so but your license will be automatically suspended. You do not need to be Mirandized for this but they do need to explain to you that you can refuse the test and the consequences of doing so.
2006-10-06 05:12:33 · answer #1 · answered by ovrwrkdlawyr 2 · 1⤊ 0⤋
Miranda rights are required for custodial interrogation, not simply for being under arrest. This means you must be 1)under arrest and 2) asked questions beyond simple identifying information. If the rights were not read, any answers you gave in response to a question cannot be used against you in court.
Look up Miranda vs Arizona
2006-10-06 11:42:37 · answer #2 · answered by WildBill846 2 · 1⤊ 0⤋
No, Miranda Rights are TV stuff. You get the Mirnada Rights before questioning. Driving is a privilege and not a right. You could have refused to take a sobriety test, but then the state laws are such that you lose your privilege to drive automatically.
Search yahoo answers for Miranda Rights. This question has been answered for when the cops must read them to you.
2006-10-06 10:46:19 · answer #3 · answered by Anonymous · 1⤊ 0⤋
you were probably read your rights, some states have a no chance law against DUI you messed up now work to clear it up.
It is like credit a DUI never leaves your record. no disrespect but what if someone was hurt because of you carelessness, like a family member or friend. I do hope things work out for you.
2006-10-06 10:43:34 · answer #4 · answered by foreveryoung 2 · 0⤊ 0⤋
No the whole rights reading thing is TV drama crap. Anyone who thinks that you must be read your rights when ever you are arrested needs to get their fat butts off the couch and do some research (not watch TV). Seriously, thats the worst advice I ever heard of. The only time you have to be read your rights is (1) you are in custody (actual or perceived) AND (2) they ask you incrimintaing questions. They can even make you provide a sample of breath, blood or urine without reading you your rights.
2006-10-06 10:37:16 · answer #5 · answered by Judge Dredd 5 · 2⤊ 1⤋
Miranda rights need to be read when you are taken into custody.
The only evidence you could get suppressed is any statements you made to the police after they arrested you.
You will not get the breath test or a blood test thrown out
2006-10-06 11:00:01 · answer #6 · answered by BigD 6 · 0⤊ 1⤋
You are supposed to be read your rights. but i have been arrested a couple of times with out them advising me of my rights. It really makes no diverence and no you can't get out of your DUI cause they didn't read them to u
2006-10-06 12:09:07 · answer #7 · answered by DeeeezNuts 1 · 0⤊ 1⤋
Are you sure you weren't so drunk that you don't remember? Typically if they are going to charge you they read you the rights and have you sign off saying you had them read. If you aren't charged and just spent the night in the slammer, count your blessings and drop it.
2006-10-06 11:22:16 · answer #8 · answered by Goose&Tonic 6 · 0⤊ 0⤋
Yes, its the law. You need to get a lawyer, and or confront the chief of police. Its against the law for a cop to arrest someone without reading them their miranda rights. You need to make a charge right away.
2006-10-06 10:44:53 · answer #9 · answered by *Bella Reveuse* 3 · 0⤊ 4⤋
they only have to read your rights to you if they intend to question you. Miranda only applies to police interrogations of a suspect in custody.
2006-10-06 11:31:23 · answer #10 · answered by Anonymous · 1⤊ 0⤋