i was arrested a week ago and heard the officers discussing dui in the 4rh degree based on the medications i take which are all prescribed. i was in an acccident where i fell asleep and took out a street sign. i was the only car involved, though a witness saw me weaving. i took a breath alyzer which came up 0.00 and submitted to a blood test to show all my prescription meds. they wrote down most of the meds i take but i know they missed at lease 2. when brought to jail they told the officer behind the desk i was a write and release whatever that means. i received nothing showing any charges whatsoever and was told i would get a ticket in the mail. my rights were also not read to me. just wondering where i stand and what i should do i have a clean driving record and am 47 yr old female.
they did not suspend my license or seem concerned about anything. dont they have to read you your rights? or advise you on what you are being booked on suspicion of? and if all of the meds are used as prescribed and have been for several years with no incident does that play a roll? i also have a carry permit and they gave me my gun back when i was released
Family Law Attorney
Hello. You don't know what you're charged with now because apparently you are not charged with any crime at this time. You should contact a private attorney for help right now, because you appear to be facing quite serious issues and, also, because, in your case, likely the attorney assisting you can provide you with a great deal of concrete counsel and 'action steps' for you to take right now. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in limited scope manner to conserve legal costs. All the best.
Tricia Dwyer, Esq.
Twin Cities,, Minnesota licensed attorney, Tricia Dwyer, Esq.: Phone 612-296-9666. DWI-DUI LAW, CRIMINAL DEFENSE LAW, AUTO ACCIDENT LAW,, Rule 114 Qualified Neutral, Minnesota Supreme Court Roster Mediator, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666 - EVERY DAY OF THE YEAR until 8 p.m. daily. See www.dwyerlawfirm.net
Criminal Defense Attorney
Once the blood results come back, which could take a couple months, the will make the decision as to whether or not you were charged. You will likely receive a Summons and Compliant in the mail, which will list the charge(s) and court date. As for them not reading you your rights, that's only an issue of they were wrong you.
There could be possible defenses to your case. In addition, there could be reason to have some evidence excluded (i.e., the blood test).
Aside from the criminal case there is also a potential administrative case, which deals with your drivers licence suspension. In that case there are certain deadlines that apply.
I wish you the best of luck.
3 lawyers agree
I defer to my Minnesota colleagues. I only want to add that under the circumstances you describe it would not seem that the police had any reason to read you your Miranda rights, and even if they should have and didn't and is unlikely to make any difference in the outcome of your case. I think you will find a few legal guides on Avvo that will explain in more detail why this is so, but I do not think there is any rule in American law so widely and generally misunderstood as the Miranda rule, so you are not alone.
5 lawyers agree