Skip to main content
Robert W. Chestney

Robert Chestney’s Answers

14 total


  • I wus arrested for DUI but I wus not read my miranda rights. What should I do?

    Its my first time ever going to jail and also driving under the inflence. The officer did not read me my miranda rights and I wus told that< if so< the judge would have to drop all charges. I dont know how to go about all of this, and I have no mo...

    Robert’s Answer

    Your Miranda rights only arise after you have been placed in custody. For that reason, very seldom do the police give Miranda warings in a DUI case - they have already completed 99% of their investigation before the arrest takes place. And the state-administered blood or breath test that follows the arrest has been held not to be subject to Miranda protection, either.

    But if you were questioned after arrest without Miranda, your answers can probably be suppressed. And in some states, Georgia, e.g., if you were asked to perform acts such as field sobriety tests AFTER arrest, they could be suppressed, also.

    You ask, "what should I do?" You should do your homework and find a qualified DUI Defense lawyer to defend your case.

    See question 
  • Can i get a DWI in a Hotel Parking lot w/o driving? I was on my cell phone with the keys in the ignition, but was NOT driving.

    I was in Maryland and staying at a hotel that shares a parking lot with a resturant. I went to my truck to charge my cellphone. I was on my cell phome for 10 minutes talking, and then the police came to my window and gave me a sobriety test and to...

    Robert’s Answer

    You absolutely need MD counsel to accurately answer your question, because this issue is state-specific. In GA where i practice, one of the elements the state must prove beyond a reasonable doubt is that you operated a MOVING vehicle while under the influence. But many states only require operation of the vehicle.

    See question 
  • I have had 2 DUI's in 5 years what are my chances in getting a special licence?

    Ihave had 2 DUI's in 5 years what are my chances in getting a special licence?

    Robert’s Answer

    if you have been convicted in both cases, you will not be eligible for a limited permit until you have served 12 months of the suspension. Then you should be able to get an Ignition Interlock Permit, if the judge ordered you to install such a device in your second case. That would enable you to drive for business or school for six months. After that you could get your license reinstated if you have completed a state-approved 17-week rehab program

    See question 
  • Can a police officer see your hospital records to check if you were dui after a car accident.

    my daughter was unconsious at the scene of the accident and taken to the hospital. Can a police officer look at the hospital records or is that private.

    Robert’s Answer

    Your daughter has a privacy right to her records under the constitution, as well as a federal law known as HIPAA. The police can probably gain access to her records only by obtaining a search warrant from a judge. And a search warrant requires probable cause to believe the records would include evidence that a crime was committed. The judge considering the search warrant would need to know the basis for the officer's knowledge to see if it is reliable, and then determine if it is likely the medical records will provide incriminating evidence.

    See question