Friday, May 2, 2008

Drunk Driving changes Miranda Rights in California








Miranda rights for California Drunk Driving cases

http://www.sandiegodrunkdrivingattorney.net/Miranda-Rights.html

The Miranda Right admonition is usually voluntary in California Drunk Driving cases and not usually given after most California Drunk Driving arrests, for the following reasons:

During the California Drunk Driving investigative stage, the California Drunk Driving officer has no obligation to advise one of the person of Miranda Rights (right to an attorney, right to remain silent etc.).

In California Drunk Driving cases, the California Drunk Driving officer normally asks all the California Drunk Driving-related questions before arresting (handcuffing), thereby avoiding the issue of having to advise a person of his or her Miranda Rights. During the California Drunk Driving investigative phase, the person suspected of a California Drunk Driving does not have to answer any California Drunk Driving-related questions but the person usually does.

Not until handcuffed (and arrested for California Drunk Driving) is the need for the California Drunk Driving Miranda Rights Admonition triggered.

And by that time, the California Drunk Driving officer normally has all the answers to all the questions needed to arrest for California Drunk Driving - driving under the influence of alcohol.

After that, the California Drunk Driving officer abstains from questioning during California DUI custody.

It is not like the California Drunk Driving officer takes the person downtown and puts them under a hot light: "Were you Drunk?"

And in California Drunk Driving cases, the person has no right to speak to a California DUI attorney (or any lawyer) before deciding whether to take the required breath or blood test (it's called the "implied consent" law when one signs up for one's license).

In sum, the right to remain silent and the right to a California Drunk Driving attorney are substantially different in a California Drunk Driving case.

Nonetheless, any interrogating statements made after taken into California Drunk Driving custody (e.g. in the police car: "Were you drunk?" "Yes, I was very drunk") may not be used against the person at the California trial and are subject to suppression by one's California Drunk Driving Lawyer for failure to properly and timely admonish.


http://www.sandiegoduihelp.com/duiblog/index.html