kanedagod said:
When the went to put me in the car the officer said 'You understand your under arrest for DUI at this time' and i said 'yes' but he never read me my Miranda Rights. Did he have to?
The police have no duty to issue Miranda warnings unless they have determined there is probable cause to arrest you.
At the exact point in time the police determine there is probable cause to arrest you, THEY HAVE TO STOP QUESTIONING YOU and read you Miranda warnings before they can lawfully continue questioning you.
So in your case if the police are going to introduce statements made by you, against you, a good attorney who knows how to question police officers can establish the time line of the questioning and learn if the police acted in accordance with the law.
I cannot stress how important it is to hire an attorney who is well acquainted with the "art of questioning law enforcement officials."
When offering testimony in court, police officers are trained to DIRECTLY ANSWER the question being posed to them by either the defense counsel or prosecutor.
As a result of this training, police officers will tailor their responses to specifically address the question being posed to them. Because of this training, if an attorney does not ask the officer specific questions, the truth may never come out. And sadly there are officers who for various reasons, do not want the truth to come out. The primary reason a police officer would withhold the truth is because he does not want to expose deficiencies in his knowledge of the law or his training. ***ego***
You attorney should also be well versed in dealing with police officers who employ the "art of deception."
The art of police deception is far too complicated for me to discuss at this time. Yet I will tell you it's roots lie in the authority granted the police by the US Supreme Court.
When questioning suspects or prisoners, the Supreme Court permits officers to lie, deceive and use trickery. Unfortunately, there are police officers who believe the Supreme Court ruling also applies when they are testifying in court.
Personally, if the police ever want to question me about anything other than an alleged traffic infraction they detained me for, I have nothing to say to them.
If the police tell me they are going to arrest me if I don’t answer their questions I politely inform them, “Officers, I defer to your authority and I will obey your orders, yet I would like to speak with an attorney before answering any of your questions.”
Some people reading my last comment will interpret my attitude as being disrespectful or contemptuous toward the law. When quite the opposite is the truth. I am an AMERICAN citizen and the law of our land states I have a right to remain silent. By not responding to the officers who are attempting to question me, I am acting in a perfectly lawful manner.
On a personal note, if you know you are guilty of DUI, I hope the next time you DUI, you crash your car into a huge sink hole that swallows you and your car up...never to be seen again. Have a nice day.
