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Question for legal stuff
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Bolthen



Joined: 14 Jul 2006
Posts: 50

PostPosted: Fri Apr 20, 2007 6:50 am    Post subject: Question for legal stuff Reply with quote

Hey I was just arrested and while at the station a cop started reading me my miranda rights, now the odd thing is during the reading I asked if he was reading me my rights and he answered yes. So upon that answer I asked to speak to attorney at which point he said I was being un coropotive and decided to lock me up until I decided to be more coroptive., My question is this, once a cop starts reading you your rights (miranda) does he have to obide by the fact that you want an attorney present and give you the chance to get one or can he lock you up without a chance like me and if not how would that effect the case?
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Teklan



Joined: 11 Mar 2007
Posts: 1511
Location: NC

PostPosted: Fri Apr 20, 2007 8:14 am    Post subject: Reply with quote

he could lock you up for other reasons...possibly the reason you were arrested
you could file a complaint about the officer, but if its unrelated to why you were arrested i doubt it would affect your case. if however, your case involved "disorderly conduct", "interfering with police work" or some bullshit, that would probably be thrown out if all you did was ask to see your attorney.

plus, i would have waited for him to say "you have the right to see an attorney" before asking for one Razz

but yeah, the cop was an asshole it sounds like...beat his ass
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Mudcrushy



Joined: 26 Feb 2006
Posts: 266
Location: NY

PostPosted: Fri Apr 20, 2007 9:41 am    Post subject: Reply with quote

Stop selling that stuff!
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Bolthen



Joined: 14 Jul 2006
Posts: 50

PostPosted: Fri Apr 20, 2007 1:52 pm    Post subject: Reply with quote

Yea I was arrested for OUI~I know I know, was bringing a friend home when he started getting sick in the backseat so I stopped at the gas station which is when a cop showed up and told me not to drive or he would arrest me, he didnt follow me there or anything he just showed up to go to the store when he saw me with the back door open, so he left and later returned while I still had back door open and arrested me for a OUI (Talked to a lawyer and prolly gonna fight it since he never saw me enter the car or exit the car nor can prove I operated the car) but I did blow a .13 after he read me my rights the 1st time, hoping to get that thrown out if I can prove that he violated my miranda rights.
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Attreus



Joined: 04 Oct 2005
Posts: 190

PostPosted: Fri Apr 20, 2007 4:20 pm    Post subject: Reply with quote

as far as the reading of miranda rights the only recourse anyone will recieve in court from the arresting officer failing to read you your rights or abide by them at the time of reading them is that any statement you give at THAt time is subject to be removed as evidence from court. That is it. as far as the officer seeing you get in or out of your car. if you are sitting in your car with the keys, (no not the keys in the ignition, that is a myth) with the keys on your person OR in the ignition while intoxicated beyond the legal limit your are liable and subject to arrest. if you weren't in the car and he truly did not see you drive it or enter it at any time then all he needs are witnesses to the offense, most likely employees or customers at the gas bar. it sounds to me like he gave you a warning, gave you time to get a ride or call a taxi and you hung around the car. that is when he would have arrested you. he would have only devoted so much time to watching you to make sure you didnt just jump back in before he siad fuck it and threw you in jail. if you had got in your car and killed someone 10 minutes after he gave you a warning his ass would have been handed to him as fast as yours. if this is not the case, if he gave you a warning and 1 minute later turned around and picked you up it means the staff seargent was near a radio when he reported giving a warning to someone who blew 1.3 and told him to arrest you before you ended up in the next days paper with someones child as a hood ornament. the officer would have got his ass chewed out and would not have been in a great mood when he was reading miranda rights to the reason for his bad day.

im not gonna say this to be a dick, my cousin was killed by a drunk dirver when he was 18 years old. my best friend in highschool was killed when she was 23 years old on her way to the hospital for an ultrasound, she was 8 months pregnent. the fact that these people are dead is not the point i want to stress to you, they are gone, i believe when your time is up then its up. the point is that both the men responsible had siad the same thing, i thought i was fine, i only had a few drinks. those men might as well have died with the people they killed, their lives are over as they once knew it. they went from avery day people to murderers in the eyes of their comunity over night. went to jail, now have a record, cant drive, they will be paying recompensense the rest of their lives. they ARE fucked. two people dead and two peoples lives screwed, it is a waste.

ya, i gues im preaching.. but too fucking bad, no one here wants to have the next thing they read about you being out of a news paper with a story about you being dead or in jail.

take your charge, learn from it. dont fucking do it again.
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Teklan



Joined: 11 Mar 2007
Posts: 1511
Location: NC

PostPosted: Fri Apr 20, 2007 4:30 pm    Post subject: Reply with quote

I agree with Attreus here...

When I was in highschool I saw fellow classmates die each year from drunk driving (and bad driving).

The first time I was confronted by a tragedy of this sort, 1 kid died, another damaged his spine in a way where he's paralyzed and gets around in a wheelchair. The driver (also a classmate) only had minor injuries....and his sentence was only one freaking year in jail.

The second time a kid from my track team died as a passenger to some scumbag that dropped out of school that was driving drunk.


Please don't ever let that person be you. The only way you can be sure that you won't ever cause this is by not driving after drinking. CALL someone to pick you up.
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Bolthen



Joined: 14 Jul 2006
Posts: 50

PostPosted: Fri Apr 20, 2007 4:41 pm    Post subject: Reply with quote

Not saying is wasn't stupid because clearly it was, but we do live in a country where we are supposed to be innocent until proven guilty not the other way around and no I dont normally drink and drive, I was just doing it to get a friend home from his bachelor party but yes still stupid.

But even tho its stupid doesnt mean I have to flop over and just accept it especially with how the law is supposed to work and plus people do stupid things all the time, should we punish everyone for every stupid thing they have done? But the thing is there were no witnesses, I blew a .13 at the station after I was given my rights and after they refused to let me contact an attorney, noone saw me get out of the car and noone saw me get into the car, car wasnt running, keys werent in the car nor was I, I was by the back door with it open attending to a friend that was in the backseat getting sick. And no people in store couldnt see me since I was in a parking spot on side of the building.

Im against drinking and driving, and yes I made a decision that will have some sort of consequence but at the same time Im a pretty big guy, 6'2 230lbs, had bout 7 beers, no I wasnt drunk but legally I was and if I had thought I was drunk or over the limit I wouldnt of driven nor wouldve had that many since I knew I was driving.
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Mandaar
Guild N00bert


Joined: 22 Apr 2005
Posts: 6388

PostPosted: Fri Apr 20, 2007 4:54 pm    Post subject: wow Reply with quote

7 beers will make anyone on earth intoxicated. Don't anyone bother posting they'd be just fine after 7 beers.

Anyways, Bolthen, WoW sucks. Please come back and play EQ and stop harassing the local police officers.
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Bolthen



Joined: 14 Jul 2006
Posts: 50

PostPosted: Fri Apr 20, 2007 4:57 pm    Post subject: Reply with quote

Not even really playing WoW anymore, just mostly console games. Dont have the time to put forth into a full time game anymore the whole overnight job has killed most my time.
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Teklan



Joined: 11 Mar 2007
Posts: 1511
Location: NC

PostPosted: Fri Apr 20, 2007 5:26 pm    Post subject: Reply with quote

if they refuse to allow you to see an attorney, then your court date appears

you'd probably get off lol
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morbier



Joined: 22 Apr 2005
Posts: 242
Location: Port Hueneme, CA

PostPosted: Fri Apr 20, 2007 5:27 pm    Post subject: Reply with quote

Sounds like you wouldn't have a chance fighting the miranda part but perhaps on the fact you hadn't moved since the policeman had told you not to or the fact he didn't see you operating the vehicle. You'd have to read the law in your state to see about what can be considered OUI. Good luck.
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brenl



Joined: 02 Mar 2007
Posts: 879
Location: Watching...Waiting

PostPosted: Fri Apr 20, 2007 5:37 pm    Post subject: Reply with quote

Had he totally advised you of your maranda, what would you havge done, refused the breathalyzer? Not sure if you didnt know, but a refusal is an automatic DUI charge and a night in the pokey. What you did wasnt a stupid little thing, to say that just trivializes anything thats happened in DUI accidents before, it is illegal and even suggesting you should not be punished for somethign so "silly" is just even more silly an idea.
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Attreus



Joined: 04 Oct 2005
Posts: 190

PostPosted: Fri Apr 20, 2007 6:35 pm    Post subject: Reply with quote

i am definatly not saying you shouldnt fight, we all have a sense of self preservation. just becuase you screw up doesnt mean you should lie down and die. fight it, take whatever happens and learn, get on with life.

as far as the lawyer thing, you do not have the right to have a lawyer present during the reading of miranda or initial incarseration. also if they feel you are to intoxicated to be coherant or to give a proper statement they can lock you up for a period of time for as they would put it "your own safety" you DO however have the right to have a lawyer present during any statement you give. if after you are sober and they ask for a statement you have the right to have a lwayer present or seek legal advice via phone. in witch case the lawyer will tell you shut up and dont give a statement. if they refuse to allow you reasonable access to legal council at this time then any statement you give can not be submitted in court if you choose to have it removed.
this is going to come down to you proving you did not drive or did not intend to drive and prosecution prving that you did.
law does differ from state to state and country to country of course, but as far as i know this is pretty much rule of thumb, we do have a lawyer in guild who can feel free to call me full of shit if i am wrong Smile

good luck, i hope things work out for you,
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Teklan



Joined: 11 Mar 2007
Posts: 1511
Location: NC

PostPosted: Fri Apr 20, 2007 7:31 pm    Post subject: Reply with quote

always remember you have the right to protect yourself from self incrimination

which means, never ever be the one up there being asked questions

if they question you outside of your hearing or whatever....stay silent...they can't say "you're guilty because you wouldn't answer", but they can say "you're guilty because you said such and such"
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Gillaian
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Joined: 22 Apr 2005
Posts: 1065
Location: Outside your window, watching...

PostPosted: Fri Apr 20, 2007 7:35 pm    Post subject: Reply with quote

I think there might be a few misconceptions here. They can arrest you and toss you in jail for suspicion of drunk driving. Now if you ask to speak to an attorney they are not required to pull the bus over immediately and find a phone. They can take their sweet ass time getting you to a phone for you to make your call.

You have to remember that police view time as a totally different animal than civilians. When they say, you'll be able to use the phone once we get to the station. What they mean is, once we get to the station, get you processed, into the holding cell, then transfered to general population, you can use the phone. What you think will be within the first 15 minutes of arriving at the station is really in fact about 3 hours later.

Can they do this? Yes they can, they are not violating any of your rights. What they can't do, is bring you down for questioning and deny you a chance to contact an attorney before the questioning begins.

Now for the case in hand. You don't have to be driving to get convicted of OUI, all that they need to do is prove intent to drive. Did you ever admit to driving the car? There are a lot of things that an attorney can help you with on this case and maybe get you off, but they aren't cheap. But then again neither is the reprocussions of a DUI.

Good luck Bolthen, I'm not a lawyer but I watch a lot of Law and Order = Personal experience.
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Santina



Joined: 22 Apr 2005
Posts: 431

PostPosted: Fri Apr 20, 2007 7:37 pm    Post subject: Reply with quote

wru compass our legal expert?
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Teklan



Joined: 11 Mar 2007
Posts: 1511
Location: NC

PostPosted: Fri Apr 20, 2007 7:48 pm    Post subject: Reply with quote

In some places you can also pay to get DUI (you call it OUI?) reduced to something else for first offense. Not cheap but its your one freebie.
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Compass



Joined: 22 Apr 2005
Posts: 853

PostPosted: Sat Apr 21, 2007 4:36 am    Post subject: Reply with quote

Tina, for reasons that should be apparent, I'm staying 100 miles away from posting any substantive comment on this thread. The only thing I will say is that you should get an attorney now.

Compass
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Nerple



Joined: 22 Apr 2005
Posts: 357
Location: Massachusetts

PostPosted: Sat Apr 21, 2007 6:41 am    Post subject: Reply with quote

Teklan wrote:
In some places you can also pay to get DUI (you call it OUI?) reduced to something else for first offense. Not cheap but its your one freebie.


Seriously? They have been toughening them in Massachusetts. I believe first offense is now automatic 6 months suspended license plus fines up the ass minimum.
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Maelria



Joined: 14 Dec 2006
Posts: 95

PostPosted: Sat Apr 21, 2007 3:44 pm    Post subject: Reply with quote

Heya Bolthen? Did he finish reading your Miranda? If not that idiot just gave you a get out of jail free card. ESPECIALLY if someone else can verify
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