Alcohol & Drugs: DUI, DWI Miranda rights
- Thread Starter TRATLIFF
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Your Miranda rights are at time of arrest. What's the issue?
I was pulled over July 14, 2008 I only receieved a citation for DUI ( pending urine test results) The ticket said to appear Sept 15 2008 in front of the clerk to make a plea in which I plead not guilty she had me read my rights to my self and sign she made me a pretrial confrence date for Oct. 28 2008 with my public defender in which I dont even see her until Oct 23 2008 for first time. They got my test results back the day after I made my plea Sept. 16 2008. I never been arrested, posted a bond or even seen a judge for that matter. Its like they are treating this DUI like an infraction or something.
I don't know the details of what happened nor the state you are in. I also don't know the section you were charged with violating. You were given a citation to appear for your arraignment. What is the issue here regarding Miranda - you are saying that you were not arrested... but if you were, the evidence obtained could not have been used against you because you were not read your rights? I'm not sure of the circumstances surrounding the story nor how they were provided with a specimen.
jacksgal
New Member
The real question is this. Were you questioned? If not Miranda does not apply. Also you were not taken in? You were cited and released?!
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