Alcohol & Drugs: DUI, DWI Arrested @ 1:48 am and arriving to jail @ 4:00am

[reedsrus8]

Leaving a bar at 1:45am Highway patrol driving in city limits flashed their lights and yelled for me to get out of my vehicle and walk towards them. I asked why they stopped me and they said I had not made a full stop at stop sign. I KNOW I made a full stop. A routine stop would require them to approach my vehicle and ask for DL, registration and insurance. They did not. They gave me a breathalizer and I blew .09. They handcuffed me and drove around over 2 hours making other arrests before taking me to jail. I was not given my miranda rights until I walked into the police station. Is all this legal for them to do?

 

[army judge]

Yes, nothing was irregular with this arrest.

There was no requirement for you be Mirandized.

Plead not guilty, remain silent, and hire (or ask the court) a lawyer.

 

[mightymoose]

Your location may have a lot to do with it. Where I work at any time I make an arrest it is common to take an hour or so to get someone to the jail. There isn't always one close by. It is not uncommon at all for officers to be requested to respond to other calls and pick up other arrestees for this reason... no sense in taking more than one unit out of action for transport.

Miranda was not required. It only comes into play in certain circumstances.

For what it is worth- I believe ALL CHP vehicles are now equipped with cameras. Depending on the angles, it is quite possible they have video of you rolling/not rolling the stop, as well as audio/video of you during the entire stop.

Also, sit at an interstection sometime and watch the wheels on the cars... notice how few of them actually make a complete stop. Almost stopping is not stopping. In all liklihood you probably did roll the stop, even if slowly.

 

[reedsrus8]

Dear Army Judge,
Thank you for your advise.
My court hearing is 4-26-11. I have attended 3 ADAP classes, and 6 AA meetings since my arrest 9 days ago. My councelor had also recommended I ask for a continuance for 30-45 days to continue taking classes. This may help dismiss or drop DUI to wet and reckless or not. Not knowing what the judge will do I am not sure which way to go. I know your advise and experience can be of great help.

 

[army judge]

Dear Army Judge,
Thank you for your advise.
My court hearing is 4-26-11. I have attended 3 ADAP classes, and 6 AA meetings since my arrest 9 days ago. My councelor had also recommended I ask for a continuance for 30-45 days to continue taking classes. This may help dismiss or drop DUI to wet and reckless or not. Not knowing what the judge will do I am not sure which way to go. I know your advise and experience can be of great help.

I repeat, plead not guilty, ask the court to appoint a lawyer to represent you (or hire your own), and admit to nothing.

Do not conclude that because Roscoe got a certain sentence, you will too!!!!

Again, plead not guilty, ask the court to appoint a lawyer to represent you, and say no more about any of this to anyone, except your lawyer.
Also, be very careful as to what you say about this case in any AA meeting.
You never know.
It is okay to speak to a psychiatrist or a psychologist or a licensed social worker.
Other than that, discussing the facts of this case has no relevance in getting you help with alcohol rehab.

 

[wisemans_voyage]

I repeat, plead not guilty, ask the court to appoint a lawyer to represent you (or hire your own), and admit to nothing.

Do not conclude that because Roscoe got a certain sentence, you will too!!!!

Again, plead not guilty, ask the court to appoint a lawyer to represent you, and say no more about any of this to anyone, except your lawyer.
Also, be very careful as to what you say about this case in any AA meeting.
You never know.
It is okay to speak to a psychiatrist or a psychologist or a licensed social worker.
Other than that, discussing the facts of this case has no relevance in getting you help with alcohol rehab.

I also heard where judges offer a plea deal and if you don't take it, the conviction is worse than normal! So convince us why it is the best thing to do to get a lawyer appointed by the court and fight the charge as opposed to just pleading guilty and taking whatever leiniency the judge offers.

 

[mightymoose]

The judge doesn't offer the plea, he only approves it. The punishment is set in the law. It can't be worse than what the law allows. Not accepting the plea does allow for a stiffer sentence than the plea, but not worse than what would be if there was no plea.