Sears, MI DUI and OWI Law Firms & Lawyers

There is a big misconception about Miranda Warnings. First of all, the police only have to read them to you if they wish to interrogate you (ask you incriminating questions) while in police custody (not free to leave). Second of all, a Miranda violation will never, ever result directly in a case being dismissed. Miranda protects against a defendant giving incriminating statements and therefore the remedy is to suppress the statements and possibly any evidence obtained from those statements unless it would have been discovered anyway. Traffic stops have been held by the Supreme Court to not be considered "police custody" as the detention is brief. That means Miranda is not required on most traffic and DUI stops. That is a crucial distinction since most officers can and do ask incriminating questions on such stops, such as "how much have you had to drink tonight?" You do not have to answer those questions and you should not. If the DUI turns into an arrest, then you would be in custody and therefore entitled to Miranda warnings. Have an experienced criminal defense/DUI attorney evaluate your case, including all reports and cruiser cams and breath video cameras to determine if there were any violations that could be argued in court for suppression or dismissal. Jared C. Austin, Attorney-at-Law CONFIDENTIALITY NOTE: The Information contained in this electronic message is legally privileged and confidential information intended only for the individual or entity named as recipient. If the reader is not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this electronic message is strictly prohibited. If you have received this electronic message in error, please notify the sender immediately by return electronic message and immediately delete this message from your system. Thank you.

You did not need to know your rights. You were driving and you were stone cold sober, you had nothing to drink. So, why did the officer arrest you after you blew .000? Was it because you did not blow .000? Was it because you are a liar, and lied about not drinking? Include that info on the question, so you can get a real answer.

They don't take your medical marijuana card, but they can and usually do prohibit you from using medical marijuana while on probation. Some judges will allow you to use medical marijuana with a doctor's recommendation, but many do not.