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remo

miranda rights

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I understand the guidlines and consequences of having ones Miranda Rights read to them, ( or ), Not read to them is the same for All of the United States. Is this correct?  Having been pulled over and charged with,1- Failure to maintain a single lane. 2-Liquor, Possesion of open container w/i vehicle, 3-DUI, Impaired to the slightest degree. Curbside breathalizer of  .101. Arrested, handcuffed and placed in back of squad car. Refused blood test in  squad car.  Informed the officer I had just several hours prior had major dental surgery and consequentally prescribed pain medication. Was then taken to the station when after an hour or so the arresting officer finally rad me my Miranda Rights. Then presented with a Search Warrant to take a Blood Sample. Followed by another breathalizer which read a .08. ( the legal limit ) I was told.  So- My Main question is; How significant is the fact that my rights were not read to me until long after I had been arrested and confined. (25 or 30 years ago I was arrested for a DUI in NY state and the judge simply dismissed the case because my rights weren't read to me Before I was confined to the back seat of the squad car.

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6 minutes ago, remo said:

My Main question is; How significant is the fact that my rights were not read to me until long after I had been arrested and confined.

Not at all.  Miranda isn't required simply because you are arrested.  It's ONLY applicable after the arrest or detention when the cops want to interrogate you and obtain incriminating statements.  If they're not asking questions and you're telling them stuff, those are voluntary statements and no Miranda is needed.  A Miranda violation does NOT result in a dismissal of the charges.  It only prevents the prosecution from introducing the statement at trial in their case in chief.  If you take the stand and testify differently than you told the cops, your statement can be used to impeach your testimony.

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23 minutes ago, remo said:

I understand the guidlines and consequences of having ones Miranda Rights read to them, ( or ), Not read to them is the same for All of the United States. Is this correct?

 

I don't know what you mean by "guidelines."  The Supreme Court's decision in Miranda v. Arizona is controlling authority everywhere in the United States.  However, states may afford their citizens greater protection than is mandated by the federal Constitution, and it may well be that some states do that in this area.

 

 

26 minutes ago, remo said:

How significant is the fact that my rights were not read to me until long after I had been arrested and confined.

 

Not apparently significant at all for the reasons mentioned in the prior response.

 

 

26 minutes ago, remo said:

(25 or 30 years ago I was arrested for a DUI in NY state and the judge simply dismissed the case because my rights weren't read to me Before I was confined to the back seat of the squad car.

 

Unlikely that this was the reason.

 

 

14 minutes ago, remo said:

In this state of Arizona what are the range of consequences I might expect under the charges I described?

 

I don't know what statute "failure to maintain a single lane" falls under, but here's a link to Title 28 of the ARS (Transportation).

 

You can google "arizona dui penalties" and "arizona open container penalties" for more information on the other two.

 

Consult with a local attorney ASAP.

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24 minutes ago, remo said:

good to have that cleared up. thank you. In this state of Arizona what are the range of consequences I might expect under the charges I described?

 

For the first time DUI, according the AZ Dept of Transportation  "You will be jailed for not less than 10 consecutive days and fined not less than $1,250. You will also be required to undergo alcohol screening/education/treatment and to equip any vehicle you operate with a certified ignition interlock device, and be ordered to perform community service."  See https://www.azdot.gov/mvd/driver-services/driver-improvement/dui       Consult local counsel.

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Hi @remo

 

Welcome to the Answers community and thanks for your post! Looks like you've already gotten some excellent input from our legal community. As Legalwriter mentioned, Miranda warnings must be read before a suspect is questioned. You can learn more about Arizona DUI law here. It would be helpful to confer with a DUI attorney. For a free consultation and case evaluation, click here.

 

Best of luck!

The FindLaw.com Team

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Once the AZ courts get through with you, your insurance company will have a go. If your license gets suspended your car insurance may be immediately cancelled. If it doesn't get suspended, the insurance company will have to wait and non-renew. Either way, you get put in a high risk driver classification and when next you purchase car insurance it will cost you two or three times what your insurance previously costs you. Your household will also not qualify for standard or preferred rates so all of your family cars will suffer a substantial increase in premium.

 

"Drive Hammered, Get Nailed" is a ubiquitous sign hanging over all of our freeways. You got nailed.

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On 9/8/2016 at 2:35 AM, adjusterjack said:

Once the AZ courts get through with you, your insurance company will have a go. If your license gets suspended your car insurance may be immediately cancelled. If it doesn't get suspended, the insurance company will have to wait and non-renew. Either way, you get put in a high risk driver classification and when next you purchase car insurance it will cost you two or three times what your insurance previously costs you. Your household will also not qualify for standard or preferred rates so all of your family cars will suffer a substantial increase in premium.

 

"Drive Hammered, Get Nailed" is a ubiquitous sign hanging over all of our freeways. You got nailed.

 

I'm just curious,adjusterjack,Does insurance companies do that on a first offense DUI for habitual offenders?I do understand the government has to get tough on DUI offenders as it is such a widespread problem,and they should,but all of that would seem pretty harash for a first offense.

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,Does insurance companies do that on a first offense DUI for habitual offenders No, they do it for all persons convicted of dui whether they are a habitual offender or not and not just in Arizona.

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20 minutes ago, doucar said:

,Does insurance companies do that on a first offense DUI for habitual offenders No, they do it for all persons convicted of dui whether they are a habitual offender or not and not just in Arizona.

 

Thank you Doucar,I have very fortunately never had to deal with that situation,but just knowing something about it can help someone else who has.Old threads like this can still serve a useful purpose.

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