I was being prescribed 10mg. methadone, for pain resulting from failed surgi. synd.. An Officer arrived on the scene approx. 10 min. later, asked me if I was okay, I said yes, and he went to the other vehicle and asked the same, she said she was okay too. I was coming home from shopping, so I tried to put everything in the trunk-groceries, garmin, radar detector, my prescription, check book etc. I had called my dad in the mean time (before FHP arrived) to take all my stuff out of the car so it wouldn't go bad, get stolen, etc. My script was 1 of them-I was arrested for dui cause he asked me if I had taken any "drugs"? Truth btold, b-cause I wasn't mirandized and tried to cooperate. Hetold me to lean o/t back of my car facing his. I start to pray, I am very pious, he cuff me-no miranda
The officer just needs probable cause to arrest for DUI. That your normal faculties were impaired by drugs or alcohol. The reason you were not read your Miranda warnings was because the officer was initially conducting a traffic investigation. Miranda rights are triggered by custodial interrogation. If you were questioned after you were placed in custody there is a potential Miranda violation to discuss with your attorney.
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