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Should I have been my Miranda Rights?

Buena Vista, GA |

I was recently in a traffic accident. Mine was the only car in the accident and I drove into the median. I wasn't hurt, and neither was anyone else. When the state trooper arrived at the scene, he saw my bottle of prescription antidepressants in my name in my purse. He read that they "may cause drowsiness". Even though the prescription was in my name and I have been on them for well over 6 months and I was charged with a DUI. I was not handcuffed, but I was put in the back of the cruiser, locked in the drunk tank for over 4 hours, had my mugshot and my fingerprints taken.

Attorney Answers 6

  1. Not based on what you have posted. There may be search issues here. See a lawyer

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

  2. You need a lawyer to fight this case. Call me at 404-985-9772 to discuss.

  3. You need to contact a criminal attorney.

    The above is just my opinion based upon the limited facts provided. It is not intended to be offered as legal advice nor is it intended to establish an attorney client relationship. You should seek a consultation either in person or over the phone to discuss any legal issue that you may have raised.

  4. I agree with my colleagues. You need an attorney. In answer to your question, Miranda must be read prior to custodial interrogation. Based on your post, this does not seem to be an issue, but speak with a DUI attorney about your case.

    This answer is not intended to be legal advice. This answer is general in nature and does not create an attorney-client relationship. If you wish to create an attorney-client relationship you should contact an attorney and formally discuss the specifics of your case.

  5. Following up on the answers from Mr. Jarrett and Mr. Hudson, with whose answers I agree, an officer's failure to read your rights to you may result in having any statements that you made after you were in custody suppressed (kept out of evidence). There is no requirement that you be read your rights, but without having them read to you, your statements made while in custody may not come in. As Mr. Hudson wrote, from your post, I don't see that as an issue; however, when custody begins is a fact intensive question, and you will need an attorney to analyze it.

    A more obvious question does appear from your post--why was the officer looking into your purse? Whether it was a legal search depends upon a number of factors. Please do not speak with any officer or prosecutor before getting legal counsel. I encourage you to refrain from posting any additional details online.

  6. It does not sound like you have a miranda issue. Miranda is only required before an officer engages in custodial interrogation. However, you may have other defenses to this charge. DUI is a very technical crime. For instance, there are several steps that an officer must take before he is authorized to require you to take a chemical test (I assume they drew blood from you). If these steps are not taken (or if they are done improperly) you may be able to get the results of any chemical testing thrown out. This is just one of the areas of potential defenses where an experienced attorney will know to look. You need to retain counsel. If I can be of assistance, please call me.

    Allen R. Knox
    125 TownPark Drive, Suite 300
    Kennesaw, GA 30144
    (678) 334-1399