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  1. #1
    Join Date
    Jun 2008
    Posts
    2

    Default Driving Under The Influence And Miranda

    My question involves criminal law for the state of: California and my situation is this, I was pulled over for having expired tags and was asked to exit my vehicle. I was asked if I had ever been arrested and what for, I replied yes for speed. I was asked when I last used and I responded with about five years ago. I was then placed in the back of their car while they searched my vehicle and found nothing. The officer was insistant that I was probably high right then I didn't respond. He then had his partner put cuffs on me and told me just to tell them the "truth" and they would just give me a citation. Then I was told if I just tell them what they want to hear he would instruct the tow yard not to put a 30 day hold on my car and that I could pick it up upon my release (as I was thinkin just a citation lol ). Now I live on SSD and I have conservatorship over my severely mentally handicapped Uncle and a son in grade school the next city over. So I said to him if I tell you I'm dirty you won't hold my car for thirty days and if I dont my car is basically gone and he replied thats right. So I admitted I used the night prior to this. My Question is this, I was in a police custodial situation being handcuffed and in the back of their patrol car, I was never givin my Miranda rights and I was being coerced into making involuntary self incriminating statements. Do I have any ground to stand on here and if so how should I proceeed.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Under The Influence And Miranda

    How did your admission to illegal drug use affect you? You're charged with driving with expired tags, right? It's irrelevant to that.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,307

    Default Re: Under The Influence And Miranda

    What charges were you arrested on? (Code sections work best)

    I suspect you were also driving on a suspended license (or you never had one) if they were hinting at a 30 day hold.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #4
    Join Date
    Jun 2008
    Posts
    2

    Default Re: Under The Influence And Miranda

    I had previously surrrendered my license a while back and had my state ID. when he ran the numbers my license showed as being good but i hadnt been back to the dmv to get a new one again. So yes I was driving w/out a license technically and now am also charged w/under the influence

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,307

    Default Re: Under The Influence And Miranda

    Quote Quoting Kawika1963
    View Post
    I had previously surrrendered my license a while back and had my state ID. when he ran the numbers my license showed as being good but i hadnt been back to the dmv to get a new one again. So yes I was driving w/out a license technically and now am also charged w/under the influence
    What you describe is NOT a "suspended" license and would not justify a 30 day impound.

    You need to consult an attorney who can sort through the entirety of the case. Either the officers walked a softshoe over the line, or some details are missing from your story.

    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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