2007-06-24 19:27:05 · 12 answers · asked by ned y 1 in Politics & Government ➔ Law & Ethics
I was not drive.i was in passanger side
2007-06-24 19:48:20 · update #1
The police are not required to read you Miranda rights when arresting you. They are only required to do so when questioning you while in their custody.
"The Miranda warning is a police warning that is given to criminal suspects in police custody or in a custodial situation in the United States before they are asked questions relating to the commission of a crime. A custodial situation is where the suspect's freedom of movement is restrained although he or she is not under arrest. Police may request biographical information such as name, date of birth and address without reading suspects their Miranda warnings. A statement by the suspect will not constitute admissible evidence unless the suspect has been advised of and waived their "Miranda rights"."
I got this information from a friend who has been a law enforcement officer for 25 years. After he told me this, I looked it up and determined he was telling me the truth.
Go ahead and give me a thumbs down if you wish. I'm still right.
2007-06-24 19:40:41 · answer #1 · answered by DefenseEngineer 4 · 1⤊ 1⤋
In the state of Michigan... if you are pulled over... or get stopped at an Alcohol check point... they do the road sobriety test...
With all that said.. depending on the state your in, I would have expected basically the SAME treatment..... IF you failed the field sobriety test...it could be that they didn't have to give you the breathalyzer option.... laws differ greatly from state to state....
As for the person that said they don't have to read your rights when arrested...ummmm talk to a cop .... they don't have to read you your rights to QUESTION you.. but they MUST read you your rights when you are arrested... AS WELL as tell you WHAT your being arrested for.
BTW... Ned.. if you were drinking and driving.. own up to it... take your punishment.. and get the help you need.... NO more driving while drinking... Remember.. the life you save.. may be one of my son's....
2007-06-25 02:42:15 · answer #2 · answered by gin_in_mi 4 · 0⤊ 1⤋
I am assuming you mean Alcoholic Intoxication, also known as Drunk In Public. (DIP) There is no legal standard for a "breathalyzer" for a DIP. The legal standard is the arresting officers statement that they smelled alcohol on you and you were acting in an Intoxicated State. A breathalyzer would not have been admissible in court for this, as it is only admissible in a DUI case.
As to "reading you your rights," they may have but you may not have been in a condition to understand or remember it.
2007-06-25 02:41:32 · answer #3 · answered by rec4lms 6 · 2⤊ 1⤋
Get a lawyer and sue the police department. My sister has a friend that this happened to a couple years ago. Her friend was 100% sobber. They will either drop all charges or you will get compensation.
2007-06-25 02:34:36 · answer #4 · answered by Anonymous · 0⤊ 0⤋
What is an Al?
What is a brethaliser? (yahoo has a built in spell checker)
You do not need to be read your rights when you are arrested. Only when you are questioned. Watch less TV.
2007-06-25 02:32:28 · answer #5 · answered by Kenneth C 6 · 1⤊ 1⤋
Arrested as in put in jail? Fingerprinted? Paperwork?
Released in the morning?
Sometimes they just put you in the drunk tank, for your own safety mainly.
2007-06-25 02:38:41 · answer #6 · answered by QuiteNewHere 7 · 0⤊ 0⤋
Were you drunk and driving? If so, good for the police.
Were you playing kumbaya at the nursing home? If so, call a lawyer.
2007-06-25 02:37:57 · answer #7 · answered by Insanity 5 · 1⤊ 0⤋
So are you under the influence right now? LOL! I am guessing YES!
2007-06-25 02:36:49 · answer #8 · answered by someoneoutthere 5 · 0⤊ 0⤋
ARE YOU SERIOUS? That is pretty sad. What state?
2007-06-25 02:35:33 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Were you drunk or not?
Did they press charges?
What is your question?
2007-06-25 02:40:49 · answer #10 · answered by ? 7 · 0⤊ 0⤋