State police respond to a 911 call from someone who heard a crash outside of their house. A tag is found among other debris at the "scene," the officers go to the house of whom the tag is registered to. A consistent-with-the-scene damaged car is p...
If the defendant is under arrest he/she must be advised of Miranda rights before questioning. Presumably the accident occurred after 2 a.m.thus making the statement inculpatory. I would seek to have the statement suppressed. If the field sobriety test and breathalyzer were preceded by advice of chemical test rights there is little chance of getting those results suppresssed based on inability to given "knowing, intelligent and voluntary" waivers when defendant has a .099 bac. However, if tests were given because of previously discussed statements then they are arguably "fruit of the poisonous tree."See question
can you charge someone that is parked pumping gas with DWI in michigan?
Our firm is litigating a very similar case where the vehicle owner is observed stggering to the vehicle in a parking lot. The client enters the vehicle and starts the engine but does not put the vehicle in gear. The police arrive and question the owner who is behind the wheel with the engine running. The client informs the police that client has called a friend for a ride and was, in the meantime, simply listening to the vehicle's radio. We have filed and argued a motion to dismiss.
It's true there are cases where a driver is arrested for OWI without the police actually seeing the defendant "operate" the vehicle. But a closer reading of those cases show that there is strong evidence that the vehicle was operated, by the defendant, who was intoxicated at the time of the operation.