Was I Arrested

[sherman123]

My question involves criminal law for the state of: MS

I think I was "arrested" for dui about 2 weeks ago. The officer did a breath test on the side of the road but he told me I was fine but he wanted to do 1 more test back at the station. I told him ok and he asked if I had my cell phone on me so I could call my wife to come get me and my car. And I asked if we would be very long and was told no. That when he did the test I would have to fill out some paperwork and get my tickets and I could leave. Well we did the test and I wasn't told anything after that. Then he drove me to the other side of the station where my wife was and he told me to stay in the car so he could let her know I would be out in a minute. Well, then he took me to the back of the station and then I was checked for any wepons and such. And the officer that was in the room with me asked why I was there and I told him I think dui. And he said your drunk and I said the other officer says I am. Then he told me you don't act drunk, your not slurring your words and your not stumbling you look and act sober to me. Then me and him talked for a little while and he told me I would have to sit in a holding cell while my paperwork is being finished because that was policy. And I told him fine how long will it take he said they have already started on it. It will only be alittle while longer. I said fine, 4 hours later I was still sitting there. Finally they came to get me and told me I was being bailed out. I was never informed that I had or needed to be bailed out. I have been arrested 1 other time for a misdameanor I was told I was under arrest and that i could be bailed out in the morning. This one here has me and everyone confused. Plus I wanted to move up the court date to get this over with and I was told if I try to move the date I would be arrested. What gives? the trial is three months off I needed it to be sooner. What happened to a speedy trial? Any help would be greatly appreciated. And by the way the whole time I was never handcuffed.

[flyingron]

You need a lawyer. Three months is within the range of time (270 days) for Mississippi's speedy trial law. You most were above the per se limit (.08) at the station and that is why you are charged. The fact you didn't appear intoxicated is immaterial in that case. Your lawyer can investigate various things like whether there was sufficient cause for the stop and the subsequent investigation.

[Mr. Knowitall]

Did you take a breath test at the police station? If so, what was your BAC?

[BOR]

I think I was "arrested" for dui about 2 weeks ago. The officer did a breath test on the side of the road but he told me I was fine but he wanted to do 1 more test back at the station. I told him okay....

Initially, it appears you voluntarily went with him, right?

Therefore, at any time during the investigation you were free to leave, you did not. Did you ask to leave at any time or ever ask if you were under arrest?

Bottom line though, IF bail was made, you were arrested at some point, period.

If an investigation had completed and you were released on your own signature or on a Summons to appear, it can be concluded you were not arrested, as you went voluntarily at first.

The question of an arrest may be a mixed one of law. To transport a person INvoluntarily to a stationhouse, it must be supported by Probable Cause. If he had PC to do so intially, the 4th AM was satisfied.

IF you went voluntarily, it requires no PC.

However, IMO, it turned into a true arrest either way.

Oh, the part about being arrested if you requested a speedy trial was legal baloney.