Q: For an ovi, can the police take your phone and refuse To let you contact your attorney?
I was pulled over because the cop lied and said I committed a few minor traffic offenses. After he searched and found some roaches he hit me with a field sobriety and had confiscated my phone. I told him I wanna call my attorney and he refused to and told me I'm not allowed. He also never read me my rights even after administrating a B.A.C. or informed me of the suspension for a pending ovi. Were my rights violated and should I get an attorney????
A:
In your situation, it's important to understand your rights. The police can temporarily confiscate your phone during an arrest to prevent tampering or destruction of evidence. However, you have the right to contact an attorney, and this should be allowed once you are in custody and the situation is under control. The fact that you were not allowed to call your attorney at that time might be a concern.
Miranda rights, including the right to remain silent and the right to an attorney, are typically required to be read only if you are in custody and subject to interrogation. Regarding the OVI charge and the suspension of your license, these are significant issues that should be addressed legally.
It would be advisable to consult with an attorney who can assess the specifics of your case, including any potential rights violations and the best course of action moving forward. Remember, each case is unique, and an experienced attorney can provide guidance tailored to your specific circumstances.
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