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AV Preeminent Peer Rated Attorneys
Vernon Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Vernon Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked DUI/DWI Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

At which point does an officer have to read you your rights after being placed under arrest for dui

David William Olson
Answered by attorney David William Olson (Unclaimed Profile)
DUI/DWI lawyer at The Law Offices of David W. Olson
Many folks wrongly but reasonably believe that a police officer must immediately inform an arrested person that he or she has the right to remain silent and other rights.  They are referring to "Miranda" rights, or warnings, which in fact must be provided to an individual by a police officer if two conditions exist: First, the individual must be "in custody."  That doesn't necessarily require handcuffing or the actual restraint of one's physical liberty.  A person is "in custody" if, given all of the attendant circumstances, a reasonable person in the given situation would believe that he or she is not free to leave the presence of the officer.  Secondly, the officer must intend to ask questions of the person who is "in custody." Standard procedure by police in DUI investigations is to not provide Miranda warnings until after "non-testimonial" aspects of the investigation have occurred.  Those would include roadside sobriety tasking and breath, blood or urine gathering.  That is because they know that Miranda warnings may cause an arrested person to not cooperate with that part of the investigation. If a person, without Miranda warnings being provided, at any time during any investigation, states to a police officer that he or she wants to consult with a lawyer, or is unwilling to answer any questions, there can be no interrogation.   So, during the investigation when you mentioned your desire to speak to an attorney, you were then invoking your Constitutional rights to an attorney and to silence.
Many folks wrongly but reasonably believe that a police officer must immediately inform an arrested person that he or she has the right to remain silent and other rights.  They are referring to "Miranda" rights, or warnings, which in fact must be provided to an individual by a police officer if two conditions exist: First, the individual must be "in custody."  That doesn't necessarily require handcuffing or the actual restraint of one's physical liberty.  A person is "in custody" if, given all of the attendant circumstances, a reasonable person in the given situation would believe that he or she is not free to leave the presence of the officer.  Secondly, the officer must intend to ask questions of the person who is "in custody." Standard procedure by police in DUI investigations is to not provide Miranda warnings until after "non-testimonial" aspects of the investigation have occurred.  Those would include roadside sobriety tasking and breath, blood or urine gathering.  That is because they know that Miranda warnings may cause an arrested person to not cooperate with that part of the investigation. If a person, without Miranda warnings being provided, at any time during any investigation, states to a police officer that he or she wants to consult with a lawyer, or is unwilling to answer any questions, there can be no interrogation.   So, during the investigation when you mentioned your desire to speak to an attorney, you were then invoking your Constitutional rights to an attorney and to silence.
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Is there any problem if I were to travel outside the U.S. for Christmas when I have a DUI charge?

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Answered by attorney John F Brennan (Unclaimed Profile)
DUI/DWI lawyer at Musilli Brennan Associates, PLLC
Check the restrictions of your bond, if any. If you are restricted then seek the Court's permission to go out of the state or country. Get an attorney, this is a serious charge in today's world.
Check the restrictions of your bond, if any. If you are restricted then seek the Court's permission to go out of the state or country. Get an attorney, this is a serious charge in today's world.
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What can I do if I was charged with DWI and I have cerebral palsy?

Edward D Flint
Answered by attorney Edward D Flint (Unclaimed Profile)
DUI/DWI lawyer at Edward D. Flint Attorney at Law
Bad cops have charged people with DUI when the person had cerebral Palsy and have gotten away with it some of the time. If the prosecutor hasn't already dismissed the charges and apologized to you, then the prosecutor believes he can convict you and you need a lawyer.
Bad cops have charged people with DUI when the person had cerebral Palsy and have gotten away with it some of the time. If the prosecutor hasn't already dismissed the charges and apologized to you, then the prosecutor believes he can convict you and you need a lawyer.
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