Help me understand Maranda rights. I was arrested tonight.

[Micro420]

Ok to make a long story short... wasnt drunk no where near it. I had a 24oz sparks before I had left my friends house. Was slightly buzzed. Anyway it was light rain/drizzle so roads where wet.

But I was coming around a curb, downshifted my PU from 5th to 4th. The the truck wanted to fishtale but tryed to correct. But I didn't.... I slammed right into a SUV, side swip motion. I ended up in the creek. Total my shit and thier shit...

I was charged with DWI and Crossing center lane. I blew a .10-.11 all four times. Legal limit is .08 here in NC. Well here is the interesting part...

When the state trooper arrested me he didnt say nothing other then tell me where we're going to fill out paper work for a couple of hours. Well he put me and handcuffs... road up town. Began to fill out the paper work..... then he told me my maranda rights... in the jailhouse.

If Im not mistaking as soon as your placed in cuffs arent you suppose to be read your rights?!?!?

If thats the case Ima fight this shite. That slob didnt read no rights to me till in the booking room of the jailhouse. I know i wasnt drunk... not close. We haven't had a good rain for awhile and oil built up on the roads. That was the leading cause too. But my linescene been revoke for 30 days too... Got to slap a benji to get those back.

 

[Milwaukee]

They do that all the time. Won't make much of a difference. They don't gotta give you your Miranda rights right away but they can't always use info you might have given up before your rights were read. Good luck.

 

[h^2 O]

fuck man that sucks balls brother.
The maranda rights not being read initially would only help you if you told him information that could incriminate you - like "yeah i had a few beers" stuff like that...and that gets on the report without him having read you your rights, it would get thrown out in court.
I can't believe you got busted for like .03 over....wtf is that anyway? Like a big sip? Fuck bro. i KNOW I've driven @ .32, and I just hate to see actual everyday good people getting the shaft for like 1/3 or 1/4 of that

 

[zenoonez]

Wow blew a .10 from one sparks? My gut says you are screwed, get a good lawyer and maybe they can get that DUI to disappear with a couple classes and an ass of volunteer work... No they don't have to read you your rights immediately. Get a good lawyer. Get a good lawyer. If you didn't read it already, get a good lawyer. In the future if you are in the situation I would suggest refusing a breathalyzer test and ask to be blood tested. Ask your lawyer about this, in some states it is legal and others you are required to submit to a breathalyzer test.

 

[M3@n_0n3]

"Anything you say can and will be used AGAINST you in a court of law"

Not a right I want to waive!

You are entitled to your Fifth Amendment rights as soon as you are contacted by any officer of the law.

Your best luck is a good lawyer!

 

[EvilRaven1031]

i hate to say it man, but if you blew over...you are kinda boned.


get a lawyer.

 

[dannonamous]

...wasnt drunk no where near it. ... Was slightly buzzed.

...I slammed right into a SUV... I ended up in the creek. Total my shit and thier shit...

...I blew a .10-.11 all four times. Legal limit is .08 here in NC.

That kind of defense is definitely not going to help your case

 

[Micro420]

fuck man that sucks balls brother.
The maranda rights not being read initially would only help you if you told him information that could incriminate you - like "yeah i had a few beers" stuff like that...and that gets on the report without him having read you your rights, it would get thrown out in court.
I can't believe you got busted for like .03 over....wtf is that anyway? Like a big sip? Fuck bro. i KNOW I've driven @ .32, and I just hate to see actual everyday good people getting the shaft for like 1/3 or 1/4 of that

Really dude. Hell i can drive on a fifth and still be good to drive. But man I dunno. I only told him one beer which he see one beer can in the bck of the truck. But no more that that. Hell he blew me 4 times... one of which i passd... second i blew a .13 and the officiall jailhouse was .11 which was twice.

For zenoo... i cant believe it either... yo.

I know im tall and skinny but fuck i can handle more booze than a 24 oz sparks.

I waived my rights tonight... fuck a court appointed, even though i cant afford it,.... probably be better off. Other than a speeding ticket... this is my first serious charge, so Fuck the USA gov't I'm not worried too much... I doubt Im looking at jail time... probably money fines and community service.

Piss test if you want I smoke and drink when I feel like it... thats my

 

[EvilRaven1031]

Really dude. Hell i can drive on a fifth and still be good to drive.
I waived my rights tonight...

for one man, if ONE sparks caused you to blow like you did, theres no way you can drive on a fifth.

second, if you waive your rights...you are screwed any way you look at it.

your best bet is to get a GOOD lawyer.

you will thank yourself later, and in the future follow rule number one and dont say a goddamn thing.

 

[EvilRaven1031]

Really dude. Hell i can drive on a fifth and still be good to drive. But man I dunno. I only told him one beer which he see one beer can in the bck of the truck. But no more that that. Hell he blew me 4 times... one of which i passd... second i blew a .13 and the officiall jailhouse was .11 which was twice.

if thats what one sparks did to you...you most definitely cannot drive.


next time (if there is one) you should most definitely follow rule number one and dont say a fucking thing.

i hope for the best for you, but you need to realize that this was brought on by yourself.

 

[TickleMyBalls]

you only need to be advised of your rights before they question you about a crime you're being arrested for. if they catch you doing something obvious, like crashing a truck and coming out of it and blowing over the limit, they won't read you your rights until they sit you down at the station. never waive your rights. I can't think of a situation that anything you say to an arresting officer would help in a court case.

 

[erbium]

They do not have to read you your rights until they process you.

 

[Hash Zeppelin]

The judge will be like.. who the fuck is miranda wright?

 

[MMAJAY]

You drink and drive and you say you were buzzed?? Well I hate to say it but this lesson you will receive VIA your wallet will hurt to the tune of 5 grand easy. You will have to go to dui classes at your expense plus pay a lawyer at your expense if you want to have a restricted permit to drive to and from work. NC will ream you in insurance as well. If your smart you will sign up for the AAA classes asap because the judge looks at that when sentenced.

You will not beat a dui in NC so be prepared to pay the piper. I just hope you learned from your mistake because an innocent person could of been hurt or killed. I live in NC and know those 24 OZ sparks they have here will give a good buzz on 1 and it will impead driving and decision makeing.

Find a good lawyer quick and make sure you start your AAA classes before you see the judge for the first time. You will now have a DUI on your record the rest of your life. Maranda rights argument you have aint worth jack shit. I bet you were read those rights after you blew the .10 5 times??

As you can tell i don't feel sorry for anyone who drives drunk and a .10 is drunk in NC. Once you loose a loved one due to a drunk driver you will have the same point of view. The only thing i can say is i hope you have learned from this because if a fatality was involved you would be behind bars on manslaughter charges and probably a good 5 yrs to think about how good that buzz was from one 24 OZ sparks felt.

 

[mean mr.mustard]

Really dude. Hell i can drive on a fifth and still be good to drive.

Seeing as how you are posting this in response to one who claimed that .34% was an operable BAC... you should both live in the same town. Perhaps when you both slam into each other (which would happen sooner than later) you could argue which one is the better driver... if either of you are still alive.

That's my

 

[2pac]

The US Supreme Court decision in Miranda v. Arizona is still alive, though some justices on the court have indicated they would like to overturn it. However, many people don't understand what it means.

If you are arrested, the police have to inform you of your right to an attorney (appointed, if you can't afford one), your right to remain silent, and the fact that your statements can be used against you. Note that this only applies if you are actually arrested, or subjected to custody that is the equivalent of arrest.

For example, the Supreme Court says getting pulled over for a DUI, questioned and doing the "roadside ballet" isn't really being arrested, so the cops don't have to read your rights. By the time they slap on the cuffs, they usually don't have any questions left to ask, so they don't bother to read your rights.

The police may also ask you to come down and answer some questions, being very careful to tell you that you aren't under arrest and are free to leave at any time. They may be lying just so they don't have to advise you of your rights, and will arrest you when they have all the information they want. Again, the Supreme Court says that's okay.

Finally, even if the cops clearly failed to advise you of your Miranda rights, it doesn't mean the case will be dismissed. It only means the prosecution can't use any statements you made after the point where the cops should have advised you.

 

[kmk420kali]

Yeah, you are screwed-- They don't need anything you said to convict you...they have the test results--

 

[707Corridor]

Sometimes Cops use cuffs as a way to protect themselves and others. So most of the time they just cuff you for safety, theirs and yours. I don't agree with it, but it is hows it done.

Other then that...get a good lawyer. All I see is maybe you should have refused to take a Breathalyzer and waited to for the blood test back at the station. IDK about NC or after an accident has happened but in CA if your over 21 you can refuse to take take the Breathalyzer and take a blood test at the station, buying digesting time so maybe you don't blow over.08. Like I said tho I not sure if you can refuse if you've been in an accident.

 

[stink.whistler]

You were driving drunk, and they have the proof, sounds like a lesson you needed to learn (but have not yet).

Maybe going through this process will teach you not to drive drunk, I hope so.

Good luck, and I hope the punishment is no greater than what is needed to encourage you not to drive drunk again.

 

[Haps]

Over the next two years, try to learn from these lessons, so that you do not repeat your mistakes, and accept that you did fuck your own self up, you own every bit of this. Remember that as you pay for it. Cost my daughter over five grand last year, and she didn't wreck anybodies car, you did.