then the police find an empty beer in yuor trunk and hold you for open intoxicants, then indicate they must take you to the hospital for a blood draw to determine your level of intoxicatio, but ask for a drug screen at the hospital with out your consent. then issue tickets for open intoxecants and operating under the ifluence of drugs algough none were found in your car.When should your rights be read to you. As soon as your held or not until you are arrested
2007-09-20 11:27:07 · 6 answers · asked by need advice area of no knowledge 1 in Politics & Government ➔ Law Enforcement & Police
They read your rights as soon as you are arrested.
You can argue this in court and get the charges dismissed. Be sure to get your alcohol and drug test results from the hospital. However, you will probably still be charged with negligent driving for falling asleep, and for having an open container in the car. However, both of these are better than what they are currently saying you did!!!
They actually can't get in trouble for searching your car since they had just cause. Since you ran off the road, they "needed" to see if you had any controlled substances (alcohol, drugs, even cough syrup) in your car. Car searches generally don't need a warrant, just evidence of just cause.
Good luck. This is not the first story like this I have heard; I hope all turns out well.
2007-09-20 11:33:56 · answer #1 · answered by Esma 6 · 0⤊ 1⤋
It is illegal to have an open container of alcohol. First things first, 1. you have the right to remain silent-USE IT! Stop talking and admitting anything, they will use it against you! 2. Get a lawyer, if what your saying is true your rights may have been violated and you may get all the charges thrown out of court. 3. If there weren't any drugs in your system why/how were you charged, this would be a false charge and you could fight it and easily win. To prove it in court they would have to show a chain of custody of the blood and everything, your lawyer will eat them up and spit them out for breakfast.
The biggest mistake people make when they are pulled over is that they are lulled into thinking that the cop will just forgive whatever they are doing and they tell them. This is not the police officers job to judge or forgive. If you're doing something illegal they are supposed to arrest you and most likely will do that. So if you are arrested for DUI or anything criminal consult an attorney before you allow them to interrogate you. Getting an attorney is not admitting guilt, its simply allowing a fresh set of eyes on the case that is your advocate and make sure your rights are protected.
2007-09-20 11:36:24 · answer #2 · answered by jprofitt303 5 · 0⤊ 0⤋
Your rights are read to you when you're arrested. Yes, it's illegal to have empty beercans in the car with you. More importantly- Driving while you're that tired isn't safer than driving while drunk. Pull over and get some sleep, don't operate a vehicle while you're impaired in any way! You're lucky you drifted off the side of the road, instead of into oncoming traffic. You totally could have killed someone. Consider the ticket getting off easy!
2007-09-20 11:34:44 · answer #3 · answered by Beardog 7 · 0⤊ 1⤋
I guess the law can do whatever it wants and you just have to go with it or get in more trouble for nothing.
2007-09-22 13:19:11 · answer #4 · answered by donielle 7 · 0⤊ 0⤋
oh my dear lord.
my god father is a capt. and i know for a fact that is unlawful. they need a search warrant to check your trunk. and you have to sign something at the hospital for consent FIRST.
get yourself a lawyer, what they did was wrong.
2007-09-20 11:32:56 · answer #5 · answered by kimberlyann_4748 2 · 0⤊ 1⤋
no it didn't happen me. but you should appeal that ticket and tell the judge what happened. good luck man
2007-09-20 11:34:46 · answer #6 · answered by Shaima 3 · 0⤊ 0⤋