When exactly does a cop need to explain my Miranda Rights?

Asked about 2 years ago - Gresham, OR

I was arrested last night. Im 17 and the cop took tests to see if i was under the influence and he could not tell if I was, he put me in handcuffs said I was under arrest because he smelt it on my breath. He then read me my miranda rights at the station like an hour later after handcuffs were removed. Is there any way I could at least get my tickets reduced?

Attorney answers (5)

  1. Joshua Pond

    Contributor Level 13

    13

    Lawyers agree

    Answered . I agree with what my colleagues have said here and would only add one thing, as it is specific to Oregon. Unlike some other states, Oregon has a law on the books that says a DUII charge cannot be reduced. In other words, if you were charged with DUII in Oregon, then the only options are beat it at trial, plead guilty (or no contest) to it or somehow get it dismissed. That's it. There's no such thing as reducing DUII to, say, Reckless Driving here.

  2. Richard E Oberdorfer

    Pro

    Contributor Level 13

    11

    Lawyers agree

    Answered . I just want to comment on a couple issues: (1) can your Oregon DUII or MIP be "reduced," and (2) the intelligence or a MIP "Diversion." First, since you're a juvenile, a good DUII lawyer may be able to move your case to juvenile court. There's a myth that DUIIs are "automatic remand" in Oregon to adult court. Second, if you participate in MIP diversion or any other form of court-ordered treatment for lighter treatment, you may be barring yourself from DUII Diversion for at least 15 years. In short, you need a good local DUII lawyer. Give one a call now.

  3. Christopher S Ison

    Contributor Level 9

    10

    Lawyers agree

    Answered . Generally, law enforcement officers do not need to read Miranda unless they are going to conduct a custodial interview. What's a custodial interview? Basically, it's when law enforcement begins to question a suspect about his involvement in a crime while that suspect is being detained by law enforcement. There are specific legal standards for determining whether a law enforcement officer was conducting a custodial interview

    In your particular situation, just because the officer didn't read you Miranda until he brought you back to the station doesn't mean that he violated your Rights. However, you should consult with a local criminal defense attorney ASAP about representing you in this matter. Once you meet with your attorney and he reviews the necessary discovery, he will be in the best possible position to determine whether your Rights were violated, as well as answering any questions you might have about your case.

    Christopher Scott Ison, Esq - 863.683.7500 - WWW.PANSLER.COM - These answers are for general purposes only and do... more
  4. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    8

    Lawyers agree

    1

    Answered . Never. He doesn't ever have to read you your rights. Don't be fooled by "21 Jump Street." The only time Miranda comes into play is at trial. If the State tries to admit answers you gave to questions asked by the officer after you were detained, those answers would be inadmissible if you had not advised of and properly waived your Miranda rights.

    It's against the law for people under 21 to drink alcohol. However, citations can be fairly easily dismissed and removed from your record. You'll probably have to pay a fine and take a Youth Alcohol Education Course. Invest in the modest fee of a ticket attorney to make sure this is handled properly to protect your record.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  5. Charles K. Kenyon Jr.

    Contributor Level 20

    8

    Lawyers agree

    1

    Answered . They NEVER have to read you your rights. If they don't under some circumstances, your answers to questions can't be used against you. See the link below on Miranda.

    Is it possible to get a DUI reduced or dismissed? Yes. Is it possible to get yours reduced or dismissed? You need to talk to a DUI/OWI/drunk driving lawyer ASAP. You can lose your license before you even get to court!


    Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial.

    That you have been charged or that some contraption says your alcohol level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence.

    Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered!

    After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect.

    You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses.

    That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving.



    If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
    Thank you.

    --- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin
    http://addbalance.com/drunk_driving_lawyer.htm

    --- Facebook Page Madison (Dane County) Wisconsin Drunk Driving / OWI / DWI / DUI Lawyer
    http://www.facebook.com/MadisonWiDrunkDrivingLa...

    --- Miranda Rights (and Wrongs)
    http://addbalance.com/miranda_rights.htm

    --- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer
    http://addbalance.com/fieldsobrietytests.htm

    --- Drugged Driving/DUI/DWI/Drunk Driving with Prescription Drugs – Madison (Dane County) Wisconsin
    http://addbalance.com/duidrugs.htm

    --- Which Offenses Count as Priors in Wisconsin? - Madison Dane County Wisconsin DUI OWI Drunk Driving Lawyer answers
    http://addbalance.com/duimath.htm

    --- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin
    http://addbalance.com/duitendaywarning.htm

    DISCLAIMER:

    Confidential information should not be disclosed in this Internet forum.

    I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.

    To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

    This AVVO Answer is provided for general educational purposes only.

    See “more” link below

    Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for... more

Related Topics

DUI

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

Civil penalties for DUI

Civil penalties for DUI are in addition to any criminal penalties. Typical examples include fines, driver's license penalties, and travel restrictions.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

32,462 answers this week

3,583 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

32,462 answers this week

3,583 attorneys answering