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Question from xconlawNov-4
My girl got stopped and was asked if she had been drinking. She answered yes. Prior to her arrest, the officer asked her to submit to a breathalyzer and she refused.  He then cuffed her and took her to the station without ever reading her her Miranda rights or formerly arresting her. She requested a hearing and we argued that RCW 46.20.308 says that a person is only required to submit to a breathalyzer if arrested for any offense. At the time she hadnt been arrested, ie; read her rights or formerly placed under arrest, just hand cuffed and taken to the station, where she was released after signing her Miranda rights an hour later. She still lost her license, even though she was never arrested until after she was asked to submit to a breathalyzer. I'm writing the appeal for her. any suggestions or tips on how to get her license back?
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LegalwriterOne Nov-4 80773.2
Yea, she needs an attorney, not a boyfriend handling this.  FYI, when the cops put cuffs on you and transport you to the jail, you've been arrested and Miranda is not required simply because someone has been arrested.  That's TV not real life.
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pg1067 Nov-4 80773.3

I don't know if "your girl" is your daughter, wife, girlfriend, or something else.

"Prior to her arrest, the officer asked her to submit to a breathalyzer and she refused.  He then cuffed her and took her to the station without ever reading her her Miranda rights or formerly arresting her."

"Formerly arresting her"?  I assume you meant to say "formally arresting her."  First of all, what do you think being handcuffed and taken to a police station is if not a "formal" arrest.  Or do you believe an arrest must be accompanied by some sort of verbal statement that the person being taken into custody is being arrested?  Second, why would the cops have read her Miranda warnings?  Nothing suggests that they were required.  Are you perhaps one of those people who wrongly believe Miranda warnings are required every time the cops arrest someone?

"She requested a hearing and we argued that RCW 46.20.308 says that a person is only required to submit to a breathalyzer if arrested for any offense."

"We argued"?  How was it the court allowed you to make an argument?  You're obviously not an attorney.

"At the time she hadnt been arrested, ie; read her rights or formerly placed under arrest, just hand cuffed and taken to the station, where she was released after signing her Miranda rights an hour later."

"I.e." stands for id est, which is Latin for "that is" or "in other words."  You have misused it here to the extent that you are suggesting that being read Miranda warnings is somehow the equivalent of being arrested.  As noted above, Miranda warnings are not required solely by virtue of an arrest.  As for being "formerly arrested," you are not clear as to why you think she had not been "formerly arrested."  It's pretty clear that, by being handcuffed and taken to the police station, she was, in fact, arrested.

"I'm writing the appeal for her."

You are committing the unauthorized practice of law, which is a crime.

"any suggestions or tips on how to get her license back?"

She needs to consult with an attorney so that she can be properly advised as opposed to relying on your misunderstandings regarding the law.

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