Miranda Rights
Miranda Rights....
Reading him his Miranda rights, a female police officer arrests a man for drunk driving.
The female officer tells the man; "Sir, you have the right to remain silent. Anything you say can and will be held against you."
The drunk replies;
"Boobs" [}:)][}:)][}:)]
NRA ENdowment, CRPA Life, NRA ILA EVC, Past President NRA Members Council
Quod principi placuit legis habet vigorem. Semper Fidelis
Reading him his Miranda rights, a female police officer arrests a man for drunk driving.
The female officer tells the man; "Sir, you have the right to remain silent. Anything you say can and will be held against you."
The drunk replies;
"Boobs" [}:)][}:)][}:)]
NRA ENdowment, CRPA Life, NRA ILA EVC, Past President NRA Members Council
Quod principi placuit legis habet vigorem. Semper Fidelis
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LEO question.
Suppose you get pulled over by one of the counties finest. You've been drinking. You know your busted. So you chose to evoke your Miranda Rights. You refuse to say ANYTHING to the Law Enforcement Officer. You give him your license. Your polite. Your respectful, but you refuse to open your mouth and refuse to say a word. Basically, you chose to practice your right to remain silent before the cop says reads you your Miranda Rights.
Will this strategy help in any way to get out of a DUI? Say nothing that could imply you are drunk. Or is this obstructing justice?
No, I did not get a DUI. Just thinking stupidly.0 -
Reading him his Miranda Rights,
An attractive female police officer arrested a man for drunk driving.
The female officer tells the man, "Sir, you have the right to remain
silent.
Anything you say can and will be held against you."
The drunk replies, "Boobs."
Can you say POOF?0 -
Miranda Rights as cops would REALLY like to read them...
1. No, I don't care who you are.
2. No, I don't care who you know.
3. Yes... you DO pay my salary.
4. Yes... you CAN have my job.
5. No, I don't have anything better to do.
6. Yes, I DO arrest real criminals sometimes.
7. No, I am not picking on you because you are ________
(fill in some ethnic group/race).
8. No, I can't give you a break.
9. No, I don't know your friend, Officer ______.
10. Yes, you will be allowed to make a phone call.
11. Yes, I'm sure you will never do it again.
12. No, we can't talk about it.
13. Yes, it DOES make me happy.
14. Yes, you WILL see me in court.
Taxation WITH representation isn't so hot either!0 -
No.
An odor of an alcoholic beverage about a person is all it takes to start the "Field Sobriety test".
In most states failure to comply with those tests will in and of itself cause you to lose your license for a year. Failing to answer an officers questions, or refusing B.B. or Urine will also cause you to lose your license (varies from state to state).
Miranda only applies after you are placed under arrest.0 -
Nope. A drivers license is a priviledge not a right meaning they set the rules. One of the rules being when you sign the license you give them authorization to test you if they suspect you are DUI (at least in my state). Non compliance means a trip to jail 0 -
In Texas you don't have to talk or submit to a "Field Sobriety test." However, failure to provide a breath/blood sample when requested by the officer will result in a license suspension (if the officer had probable cause for the stop) regardless of the outcome of the DWI charge. The only exception is that if you are found not guilty of DWI at jury trial then your license will not be suspended. The only problem is, you will have already served the suspension while awaiting trial! So you are screwed. Almost impossible to avoid the suspension for failure to provide.
In Texas, losing one's driver's license is generally the most serious punishment for the low level DWI's. The legislature in Texas has been gradually putting more teeth in a refusal to provide a breath/blood sample...0 -
If you refuse the test or refuse to answer and the police officer has enough probable cause to believe you are DUI, he will, in many cases arrest you anyway, and then seek a search warrant for your blood.
In Michigan the search warrant request is often faxed and the police officer swears out the information over the phone so it only takes minutes instead of hours.
Then he takes you to the hospital for a blood draw and blood WILL be drawn.
Also blood test results are almost always higher than breath or urine test results because the presence of alcohol in the blood is what is being tested. Breath or urine tests are indirect methods of measuring alcohol in the blood and they actually kind of "round down" to the lower level to put it in simple terms.0 -
quote:Originally posted by GUNFUNCO
If you refuse the test or refuse to answer and the police officer has enough probable cause to believe you are DUI, he will, in many cases arrest you anyway, and then seek a search warrant for your blood.
In Michigan the search warrant request is often faxed and the police officer swears out the information over the phone so it only takes minutes instead of hours.
Then he takes you to the hospital for a blood draw and blood WILL be drawn.
Also blood test results are almost always higher than breath or urine test results because the presence of alcohol in the blood is what is being tested. Breath or urine tests are indirect methods of measuring alcohol in the blood and they actually kind of "round down" to the lower level to put it in simple terms.
Pretty much the way it is described here. This from one of "The County's Finest".[;)]
The only positive to non-cooperation, is that you do not assist in convicting yourself through stupid comments, stupid admissions and bad performance in the FST's. It leaves more open to question and interpretation in trial, in that your actual level of displayed impairment is based only on the officers observations of your driving and a supposition based on your BAC.0 -
If an LEO is conducting a custodial interview (meaning that you are not free to leave) your Miranda rights apply whether they have been read to you or not. You absolutely do not have to say anything, and it cannot be held against you. The only exception would be saying the alphabet as part of a field sobriety test.
Of course the best answer is DON'T DRINK AND DRIVE!!!0 -
The Blood test you take has you busted or if you refuse to take it your already found guilty of DUI. 0 -
Don't drink and drive. If you do and get caught take your punishment like a man, don't try mealy mouthed lawyer tricks to "beat" the law.
If you did the crime, do the time[:(!]0 -
You can invoke Miranda in California and refuse the test, however, there's a law that says you will lose your license for a period of [I'm thinking its one year for refusing test].
A DUI charge is not unbeatable, difficult yes, invoking your Miranda rights will increase your chances of winning at trial.
You have the right to meet your accuser and law enforcement Hwy Patrolman may be vague authoritrian and not like having his authority questioned. This may alienate Judges, juries.
Hwy Patrolmen, die, get fired, retire, get shot, get other jobsMy legal disclaimer is I say don't drink and drive, but if you do treat it like you would a homicide charge.0 -
quote:Originally posted by Alpine
Miranda only applies after you are placed under arrest.
The Miranda warning is required at the point an officer actually has reason to suspect that the person being interviewed has committed a criminal offense and an interview is either in progress or about to be conducted.0 -
The first thing to learn is the difference between you're and your. 0 -
Actually it is acting/lying school. If you drive drunk and get caught standing up and taking your punishment is the moral thing to do. And yes, I know that lawyers have no concept of morality. 0 -
quote:Originally posted by Captplaid
LEO question.
Suppose you get pulled over by one of the counties finest. You've been drinking. You know your busted. So you chose to evoke your Miranda Rights. You refuse to say ANYTHING to the Law Enforcement Officer. You give him your license. Your polite. Your respectful, but you refuse to open your mouth and refuse to say a word. Basically, you chose to practice your right to remain silent before the cop says reads you your Miranda Rights.
Will this strategy help in any way to get out of a DUI? Say nothing that could imply you are drunk. Or is this obstructing justice?
No, I did not get a DUI. Just thinking stupidly.
Miranda is not about DUI or talking to the police, do some homework, your premise is flawed...0 -
quote:Originally posted by glabray
The first thing to learn is the difference between you're and your.
+10 -
Only a Kalif. cop would refer to a 1950's penal code referance to DUI.
I know they changed it to 23152 VC. And most people still refer to "Deuce", but hey how is someosne still gonna know that?0 -
quote:Originally posted by dakotashooter2
Nope. A drivers license is a priviledge not a right meaning they set the rules.
I know a few older folks that can rember when no license was required to drive a car. I wonder how we got to the point of needing a license for everything we do. Soon enough we will need a license for a bowl movement.0 -
bowl?[;)][:)] 0 -
It's called "Expressed Consent"...When you got your drivers licensee (providing you have one)...You agreed (consented)to testing!! While you still have the right to refuse....you will lose...
quote:Originally posted by Old Fool
If an LEO is conducting a custodial interview (meaning that you are not free to leave) your Miranda rights apply whether they have been read to you or not. You absolutely do not have to say anything, and it cannot be held against you. The only exception would be saying the alphabet as part of a field sobriety test.
Of course the best answer is DON'T DRINK AND DRIVE!!!0
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