Rancho Cordova, CA asked in DUI / DWI for California

Q: I was not read my Miranda rights before or after questioned and arrested for dui. why?

The reason 4 park rangers pulled me over at the same time was my ex called and said I was going to hurt myself. Once they questioned me and saw I was ok, they made me get out and perform sobriety tests which I passed. It was then they said I was speeding and swerving and that was the reason they pulled me over. They also said they were upset because they had been driving around "looking for me for an hour and a half" because my ex called and said I was gonna hurt myself. Then I went to jail. I was never notified of any rights. They were too busy trying to change batteries and get the printer to work on the breathalyzer.

Related Topics:
2 Lawyer Answers

Sergio H. Benavides

  • DUI & DWI Lawyer
  • San Francisco, CA
  • Licensed in California

A: Police are entitled to do "investigative questioning" without reading your Miranda rights. Once you are arrested, usually handcuffed, then they are required to read you your rights. The problem is that often the officers will gather everything they need for a DUI conviction during their "investigative phase," and then have no need to ask questions once the cuffs are on. This is why it's a good idea to remain silent from the moment the officers say boo!

William Mihrtad Paparian

  • DUI & DWI Lawyer
  • Pasadena, CA
  • Licensed in California

A: Based on the facts you have presented, the Miranda admonitions were not required prior to your being arrested and taken to jail The questions that were asked of you after you had been stopped were not subject to Miranda and your answers are admissible in court.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.