Another person driving - DUI

[stephenk]

"Right now we are investigating a possible Miranda violation. The officer stated that I was arrested at 2:03AM. On the DUI/DRUG INFLUENCE report, one of the questions was What Time is it now. I stated 3:00AM and the officer wrote in the actual time as 2:20AM. Breath Test Admonition sheet it shows that my writes were read at 2:40AM. So I was actively being questioned while in custody and before I was read my rights."

so what? what evidence do you think will be excluded because your "rights" were given to you after your breath test? The breath test? No way.

The most that will happen is that whatever incriminating statement you made after your arrest but before your rights were read will be excluded. this does not apply to spontaneous statements you made when no one was questioning you.

 

[renegade83]

Of course I know that a Miranda violation will not exclude the breath test, like I said we are investigating if we may even need to mess around with it at all. Just covering every base.

 

[renegade83]

Success!!!

Great News for anyone who cares

At the pre-trial conference today, the DA dismissed all charges, and I will be getting my driver license back also!!

 

[seniorjudge]

Great News for anyone who cares

At the pre-trial conference today, the DA dismissed all charges, and I will be getting my driver license back also!!

Good for you.

NOW the next problem we want to hear from you is: "Since I stopped drinking and got my life straightened out, I am paying way too much income tax because my earnings have skyrocketed. How do I cut down my taxes?"