It doesn't matter.
2006-11-05 13:45:13
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answer #1
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answered by Anonymous
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Unfortunately people like Jennifer and porky watch to much television and they think they have all the answers. In general, Miranda is required after an arrest before QUESTIONING. If you are placed under arrest for something you did in front of an officer, you probably won't hear your Miranda warnings because questioning will probably be unnecessary in this case. Some state DUI statutes may require Mirandizing at a certain time during the arrest process.
2006-11-06 11:42:14
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answer #2
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answered by MPSoldier 2
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Every person's answer is wrong so far! In certain states, the police are required to read Miranda rights prior to chemical testing. Field sobriety tests and the breath test may be suppressed depending on your state's laws.
Here in Michigan (where I practice as an attorney), Miranda almost never applies because the state only requires Miranda rights to be read in connection with custodial interrogation. BUT... it depends on your state, so it's important to have an attorney help you on this case.
The preliminary breath tests that you took roadside could be used to show that you were under the legal limit at the time of driving, and it may be on videotape. But again, this may not hold true in your state.
I suggest you fight this case and consider going to trial. Unless you're under 21, you've got significant evidence to show that you were not intoxicated. An attorney can help you develop more defenses. Go to www.ncdd.com to find a qualified attorney in your state.
William Maze
2006-11-08 15:21:00
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answer #3
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answered by William J. Maze 2
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No. Contrary to popular belief, and what television teaches you, the police only have to advise you of your Miranda rights when you are both (1) in custody and (2) being interrogated. The custody must be equivalent to a full arrest, so mere detention necessary to perform field sobriety tests, complete reasonable investigation, etc. does not require a Miranda advisal. Also, Miranda applies only to statements, so the police do not have to read you your rights before giving you a breath test, etc.
Oftentimes, especially in DUI type investigations, I will complete my sobriety tests and questioning before ever placing a DUI suspect under arrest. In these cases i never advise the suspect of Miranda because I do not question them while they are in custody.
2006-11-05 22:52:26
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answer #4
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answered by James P 4
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The only thing they have to tell you right away is the reason for the arrest. Maybe they were busy dealing with the accident you may have caused by driving drunk or had to interview witnesses before dealing with you. In Canada if the police had some kind of articulable justification for the delay it wouldn't matter and I suspect it is the same elsewhere.
2006-11-05 21:50:35
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answer #5
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answered by joeanonymous 6
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Miranda is case law and only allowed if your are in custodial custody and being interrogated. People watch tv shows and think that is how it works. Sometimes on COPS some police read the miranda warning right away, and this is part of that departments policy but it is not required until the offender/suspect is being questioned while in custody.
2006-11-06 09:14:20
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answer #6
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answered by steveninc2001 2
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Get a good lawyer.PERIOD..!!! You blew how many times?How much time inbetween each test? That machine needs time to recalibrate,often after the first blow the intoxilizer can and will give an inaccurate reading..!!!!!You should always do it once and only once for the correct reading.This is why you need a good lawyer.
2006-11-09 13:42:33
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answer #7
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answered by riordanjsca 2
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It sounds like a lot of people have a misconception of what Miranda is.
Miranda is meant to advise you of your rights and is required ONLY if you are in custody (have had your right to freedom removed) and you are being interogated for questions related to the offense.
It is not a "get out of being a jerk free" card if you aren't read your Miranda at the moment of arrest.
2006-11-05 21:51:20
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answer #8
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answered by Mike A 6
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It doesn't mean anything. I don't think they even really have to read you the Miranda rights. I am also glad to hear that you got arrested for DUI. What gives you the right to drive drunk and endanger other people?
2006-11-05 21:46:21
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answer #9
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answered by jaws65 5
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doesnt have anything to do with it. You were found operating a vehicle over the legal limit. They could always make the argument that you werent coherent enough to be read your maranda rights. Just take your medecine and deal.
2006-11-05 21:45:18
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answer #10
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answered by Anonymous
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Nope. The miranda rights are for when they are questioning you after you have been arrested..."You have the right to remain silent...blah blah blah."
That's like asking if they have to read you your rights when you get pulled over for speeding...Unless you said something to incriminate yourself (and your blood alchohol level probably did the talking for you) and they attempt to use it in court and you have proof that they asked you about it before you were read your rights...you have no leg to stand on.
2006-11-05 21:52:28
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answer #11
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answered by Erika H 5
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