Law Offices of John Campanella

(877) DUI-JOHN
(916) 498-8460

Ask a Sacramento DUI attorney - What if the police didn't read me my rights?

Sacramento DUI lawyers get asked one question more than any other, "What if the police didn't read me my rights?"

Like the rest of us you have probably watched "Cops" and saw the nice officer tell the person being arrested, "You have the right to remain silent, anything you say can and will be used against you in a court of law, yada, yada, yada...

When you were arrested for a Sacramento DUI and the officer never advised you of your, " Miranda rights" you may have figured that you were going to get off.  The cop made a huge blunder and your Sacramento DUI lawyer will get your case dismissed.  Well, unfortunately it rarely happens that way and this is why.

You see Miranda advisements are only required once you are "under arrest" and not before you are arrested.  The cops, the DA's and the courts have worked together to create the fiction that you are not "under arrest" when the police officer pulls you over on the side of the road, asks you to exit your vehicle and perform coordination tasks on the side of the road.  I call it a fiction because we all know that we are not free to leave once we are pulled over on the side of the road.  Case law holds that a person is "under arrest" when a reasonable person in the defendant's position would not feel free to leave therefore, it is a fiction to say that Miranda rights do not attach as soon as we get pulled over.

Applying Miranda rights after the police have conducted their interrogation leaves nothing to be suppressed.

In short, Miranda rights don't often play a part in DUI cases but they could given the right set of facts.  Talk to an experienced DUI lawyer about the facts of your case to determine if your case might be one.

If you were arrested for a Sacramento DUI Call Sacramento DUI attorney John Campanella now

916 498-8460 or 877 DUI-John

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