I also have a question about the Miranda Rights.
I am 20 years old and am going to court in 2 months (Sept 9, 2002) for a supposed DUI. I was giving a friend a ride home from a bar because he had a dangerous amount to drink and wanted to make sure he got home safe. On the way I encountered an unexpected road block and was forced out of my car.
Over all they were nice to me but they did not read me my miranda rights before I was arrested. I passed all the tests except for their breathaliser (which they said was not to be used in court) and was taken to jail. A friend of mine said that he thought that when someone was given a DUI all rights were waived in that entering a car when under the influence takes away your rights and that they assumed that I was not sober enough to understand them in the first place. However, they DID make me sign a card/form saying that I understood what was happening and asking whether or not I refused the STATE breathaliser test which CAN be used in court (which I refused on the basis of my right as an American citizen).
Upon my understanding, if everything I assume or know to be true is in fact true, doesn't the fact that they did not read me my miranda rights make the case completely null and void? My ignorance of the law may prove true here but I surely hope not because I could use this.
If someone could give me any useful information here it would be greatly appreciated as I am a college student and cannot afford a decent lawyer.
Thanks,
Lauren R. Welch
student, Kennesaw State University
I am 20 years old and am going to court in 2 months (Sept 9, 2002) for a supposed DUI. I was giving a friend a ride home from a bar because he had a dangerous amount to drink and wanted to make sure he got home safe. On the way I encountered an unexpected road block and was forced out of my car.
Over all they were nice to me but they did not read me my miranda rights before I was arrested. I passed all the tests except for their breathaliser (which they said was not to be used in court) and was taken to jail. A friend of mine said that he thought that when someone was given a DUI all rights were waived in that entering a car when under the influence takes away your rights and that they assumed that I was not sober enough to understand them in the first place. However, they DID make me sign a card/form saying that I understood what was happening and asking whether or not I refused the STATE breathaliser test which CAN be used in court (which I refused on the basis of my right as an American citizen).
Upon my understanding, if everything I assume or know to be true is in fact true, doesn't the fact that they did not read me my miranda rights make the case completely null and void? My ignorance of the law may prove true here but I surely hope not because I could use this.
If someone could give me any useful information here it would be greatly appreciated as I am a college student and cannot afford a decent lawyer.
Thanks,
Lauren R. Welch
student, Kennesaw State University