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So when were they going to read me my rights?Follow
Long story short, got pulled over the over night, took a few test, was arrested, blew .054, below legal limit, got a ride home. Now at no point during this, was I ever told any form of rights, how does that work? Do you have to fail the breathalyzer? Just wondering, don't really plan to ever be in that situation again.
Don't you ever watch cop dramas?
The Miranda warning is a police warning that is given to criminal suspects in police custody or in a custodial situation in the United States before they are asked questions relating to the commission of a crime.
Be less ignorant.
Be less ignorant.
Bode - 100 Holy Paladin - Lightbringer
Miranda is for criminal charges, if they were only charging you with a violation, which is what .054 is in my state, than its not required. Though for a violation you are not arrested, rather given a desk appearance ticket, and the worst you can face is loss of drivers liscense and fine. Since you siad you were given a ride home, likely it was just a violation, and you were never really under arrest.
Edited, Jul 1st 2007 4:48pm by fhrugby
Edited, Jul 1st 2007 4:48pm by fhrugby
slipknotpsycho wrote:
^^^ was about to basicly say th esame thing....
regaurdless of what you may have seen on tv... miranda rights are really only read (and legal to be read) when you're being investegated AND being charged with a crime...
i can't EXACTLY explain what i mean (those are the words by legal experts) but getting pulled over for drunk driving doesn't mean you need ot be read your rights (legally) being pulled over after your car was involved in a hit and run does... (simply put, 'major' crimes... minor sh*t rights don't have to be read)
regaurdless of what you may have seen on tv... miranda rights are really only read (and legal to be read) when you're being investegated AND being charged with a crime...
i can't EXACTLY explain what i mean (those are the words by legal experts) but getting pulled over for drunk driving doesn't mean you need ot be read your rights (legally) being pulled over after your car was involved in a hit and run does... (simply put, 'major' crimes... minor sh*t rights don't have to be read)
An ellipsis is not a period nor a comma.
fhrugby the Sly wrote:
Miranda is for criminal charges, if they were only charging you with a violation, which is what .054 is in my state
If his BAC was below that (say, .054), there isn't any crime at all. I would think it would have even been possible (although not particularly wise) for him to refuse the police ride home as well since they didn't have any violations to charge him with.
I say "not wise" since that's the sort of behavior which inspires some police officers to look at your legal situation with an extra degree of creativity.
Edited, Jul 1st 2007 6:28pm by Jophiel
Belkira wrote:
Wow. Regular ol' Joph fan club in here.
Jophiel wrote:
I say "not wise" since that's the sort of behavior which inspires some police officers to look at your legal situation with an extra degree of creativity.
Also unwise while they might not be able to pin you with a DUI, there are other laws they could have pinned on you. Just because you are under the legal limit to drive doesn't mean you are good. Really, I think, they hooked you up, it could have been much worse for you.
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