During a dui arrest i was never read my rights. i was never read my rights at the jail.?
i was put in jail for 9 hours and my rights were never read to me. do i have a fighting chance in getting out of loosing my license? do you think i should get a lawyer for this issue?
Best Answer :
If you were drunk, how do you know what they said/read to you? You won't win this one because it is the word of a drunken person over a sober policeman. Sorry.
Other Answer(11) :
Depends. There is no need for reading your rights unless they are going to interrogate you and then charge you. Most DUI arrests don't involve an issue to be Mirandized for as you are not going to be interrogated!
"Everyone who has watched an American police show, such as Dragnet, has heard these warnings. Most people can probably recite them as well as the police. Miranda warnings are based on the landmark United States case Miranda vs Arizona 384 US 436 (1966). The warnings are required to be read during 'custodial interrogations'. This means that whenever a person is under arrest, and they are asked a question about a crime, these rights must be read to them. They must also understand these rights, and waive them voluntarily."
"If a person is arrested, and the officer doesn't have any questions for him, then there's no reason to read the warning. However, some agencies do require their officers to read people their rights every time they arrest someone."
Ironically this came from the BBC
Yes you should get an attorney and expect to pay cash, usually around $5,000 and they charge that whether they spend 2 hours or 20 to get you through court and motor vehicles Kangaroo Court, which in most cases you are going to lose your license anyway even if you are found no guilty by a court!
They don't need to read your rights, unless you are being interrogated.
In a DUI they don't need to interrogate you, all they need is the breathalyser or their expert testimony stating that you were impaired to drive in a safe way.
Beside they can always claim they did read the rights but that you were too intoxicated to remember (cops are human, so they can lie as good as anyone else).
Did you give them a statement? The officers don't really have to read you your Miranda rights until they want to question you. The purpose behind requiring Miranda warnings (e.g. the right to remain silent) is so that people in custody will know that they have a right not to talk to the cops and to not answer questions. But if they didn't ask you any questions, then they didn't have to give you the warnings. If they did question you, then you could have your statement "suppressed" at trial as being Miranda-defective. You would need to argue that failure to give you your rights makes the statement invalid and therefore it should not be admitted into evidence.
If you were in jail for 9 hours, you should have asked for an attorney then. If you were arrested for DUI, they did a breathalyzer (and or a blood alcohol) and you were over the legal limit. There was no need for questioning, the evidence was proof. How do you plan to prove your rights weren't read to you anyways? A judge will see this the same way I do- as a ploy to try and keep your license. Sorry, but in my opinion, a first offense DUI should result in jail and loss of license.
Did you say anything incriminating without being read your rights? If the case is not based on your own statements and abuse of your rights then you may not have any claim against not being read your rights. On the other hand, I am a firm believer in getting an attorney. The purpose of the law is only to serve the law — justice be damned.
If they didn't tell you your rights you can get off on technicality. They have to do it every time they arrest someone no matter what. And let this be a lesson to everyone. There is no more having fun in this country. So dont go out and do anything because you will just get arrested.
They are required to read you your rights and if they don't then you have a chance at getting off the hook for sure.
Talk to a lawyer about this beforehand.
You were driving under the influence. You have no rights. Did you think of your potential victim (the person you could have run over and killed)? Have you thought about their rights?
They only need to read you your rights if they interrogate you. If they have enough evidence against you without your confession, then you have no claim
You have the right to remain silent, do they really need to remind you of your right?
No. You have NO chance. BUSTED!