Legal Question in Civil Rights Law in California

dui dismissal

i have an accident,then was questioned and was given a sobriety test which i easily pass.but then i was a little over the limit on the breathalizer.after the circumstances,i was arrested and booked in the county jail and charged with 1. VC23153(a)(misd) 2. VC23153(b)(misd). Everything happened but without the ''Miranda Rights'' being read to me. Is there any law or known cases that i can utilized at my advantage to get a dissmissal(thrown out) on this case? Also,can an officer deny my request for a second breathalizer test? Is the miranda rights under civil rights law? Can it be use in dui preceedings?


Asked on 1/05/07, 9:18 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: dui dismissal

You face DUI charges that you should obviously get an attorney to help you with. The charges are not going to be dismissed unless you have some remarkable facts and evidence to justify that.

Miranda rules would only benefit you if a confession was made without being 'warned', and NO you don't have any 'right' to multiple tests.

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Answered on 1/09/07, 9:19 pm


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