What's new
  • Happy Birthday ICMag! Been 20 years since Gypsy Nirvana created the forum! We are celebrating with a 4/20 Giveaway and by launching a new Patreon tier called "420club". You can read more here.
  • Important notice: ICMag's T.O.U. has been updated. Please review it here. For your convenience, it is also available in the main forum menu, under 'Quick Links"!

Help me understand Maranda rights. I was arrested tonight.

O

ogatec

next time refuse to blow....no good can be had by giving them more evidence than they already have.
 
G

GR8shoeBaDizzle

shouldn't be drinking and driving.....even if it was just a tall can.....you wrecked your car, if you blew over the limit your screwed....i'd be worried about getting sued by the person of the car you hit....
 

MMAJAY

Member
next time refuse to blow....no good can be had by giving them more evidence than they already have.
The only thing refuseing does in NC is automatic 1 year loss of license. Hard to get to work with no drivers license. Its pretty much a guilty plea in this state. By submiting to the test at least he has a chance for a restricted license to drive to work and back as well as go to the store .
 

JJScorpio

Thunderstruck
ICMag Donor
Veteran
If a cop is arresting you, but not questioning you, he doesn't have to read you your rights. Some will though to avoid later problems. Some won't so they can use "spontaneous statements" you may make against you....

When you go before the Judge to be arraigned the Judge will tell you that you have the right to an Attorney...

One beer is equivalent to .02 BAC, as is a glass of wine and one shot of 80 proof whisky. So in order to be a .10, you would need to drink 5 of any of the combinations. Also, the body metabolizes .02 per hour. So if you chugged 5 drinks, one hour later you should be a .08
 

funkfingers

Long haired country boy
Veteran
The way that BAC is measured is so inconsistent. It depends on how much food you've eaten, what the actual alcohol content in the beer, wine, or liquor is, how long you wait between drinks, and how much you weigh, and how fast your metabolism is. I for one think they need to come up with a more accurate test for measuring ho intoxicated you are, not just set the standard at .0whatever. I definitely am completely against driving drunk, but the fact is, you can get a dui in some states after 1 drink depending on all the factors listed above. Get a good lawyer start taking alcohol classes before court, things will work out in the long run.
 

C6H6

Member
you drank you drove you lost.

sorry i hope when the courts finish with you, your bleeding from the asshole
 

Hash Zeppelin

Ski Bum Rodeo Clown
Premium user
ICMag Donor
Veteran
^ya just be glad you didnt hurt anybody, then you really would be fucked, and we would all hate you..... im jk. I definatley dont want you to be bleeding from the ass hole, or somewhere else. infact just no blood would be prefered.
 

Pythagllio

Patient Grower
Veteran
Did you make any statements before he read you your rights that might be used against you? If so good news, they're inadmissable. If you made no statements though, it isn't any matter. The Miranda warning is not a magic incantation the cop has to recite to make an arrest legal, just to make in custody statements admissible as evidence.
 

Pythagllio

Patient Grower
Veteran
I doubt Im looking at jail time... probably money fines and community service.

Not to mention that you'll get to pay through the nose for auto insurance for the rest of your life. Figure somewhere just under $5k per year in today's dollars depending on the rest of your driving record. No, it never goes away, the insurance companies never forgive a DUI.
 

Unsane

Member
Only in the movies do police officers read people their Miranda Rights immediately after they cuff them.

In the real world, an officer only has an obligation to read you your Miranda Rights before an interrogation.
 

filo6942

Member
Only in the movies do police officers read people their Miranda Rights immediately after they cuff them.

In the real world, an officer only has an obligation to read you your Miranda Rights before an interrogation.


They are supposed to be read upon being detained. However this guy was DWI and is fucked. Dont drink and drive kids.
 

JJScorpio

Thunderstruck
ICMag Donor
Veteran
Let me explain this again.

The only time a police officer has to read you your rights is if he is going to question you. If he doesn't ask you questions, and you make spontaneous declarations, they can be used against you. Even if you have been arrested and your rights have not been read to you...

A lot of policeman will carry recorders in their car and intentionally not read you your rights hoping that you'll think what you say can't be used because you weren't mirandized
 
Q

quest

I have been arrested dozens of times and have never been read a miranda warning. I have only seen that on TV and the movies.
 
I have ZERO sympathy for drunk drivers and I hope that they slam your foot in the door at court. Sorry bub but I have kids...and to think that some moron on booze would slam into them, or kill them because they wanted to drive and drink alcohol makes me want to horsewhip anyone who gets behind a wheel while ANY alcohol is in their system. As for the liars and fools that say they can drink a fifth and drive; NO, you cannot!! you just think you can, and that will get someone killed every time.

Miranda warnings, as Scorpio said, are ONLY for cases where the cop wants to question you. In your case you blew over the limit so no need to ask anything. You are screwed as far as charges, ansd rightfully so. Shame on you for driving drunk and wrecking someone elses property, and if you had run over someones baby I believe you should have been thrown under a jail. Wise up.
 

Bulldog11

Active member
Veteran
I am not sure if somebody has already said this or not but next time ask for a blood test. If you had just had a drink then the test can be faulty. You need at least 30 min to pass before the test can be accurate. In addition to that, if you had waited till you could get a blood test then you may have filtered out some of alcohol by then and been under .08. Better luck next time.
 
dont drink and drive you fucking assholes. you will eventually kill someone for your arrogance and stupidity. luckly this incident was your warning, and your jail time will be minimal.
dont ever drive drunk, ive had way to many friends killed and kill others.
fucked up situations that could easily been avoided, grow up!!
 
Top