Sunnyvale, CA DUI Law Firms & Lawyers

While a dismissal is always the first goal, achieving a dismissal usually revolves around other factors. While Television shows suggest otherwise, it is not necessary for an arresting Officer to read you your rights. If your rights were not violated, then the lack of their recital is not an issue. So long as your prosecution is based on observations, and not any statements you might have made following your arrest, the fact that the arresting Officer did not read you your Miranda rights, such as your right to remain silent, will not help in your defense. However, other mistakes or defenses should still be explored with your attorney.

If you have been convicted of a DUI you will likely have to disclose the conviction if a potential employer asks. I usually suggest that being open with a potential employer is often more helpful than concealing information that may be revealed in the future especially if the position you are seeking require personal integrity and/or honesty.

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. What were the prescription drugs? What are their side-effects? Why was your son's car on a private road? I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your son's situation. (S)he would then be in a better position to analyze his case and advise you of his options. With regards to Miranda, although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest.