Legal Question in Criminal Law in California

Re: audio recording

Yes, you have that right. See a local lawyer for representation.

Re: audio recording

Not giving you a Miranda warning wasn't necessarily a violation of your rights. Such warnings are only required when officers are going to question someone who is in custody. When there is a violation, the responses to those questions cannot be used as evidence against the defendant. That is the only consequence; the defendant is not entitled to an automatic acquittal. The prosecutor is free to use evidence that was obtained independently of such questioning.

There is usually no need to use responses to police questioning in DUI cases. The officer can testify about what he observed, and the results of the blood or urine test will show how much alcohol or other substance was in the suspect's blood.

By all means, subpoena the recordings. They may help resolve some questions about what happened. Just don't count on escaping punishment due to a Miranda violation. That's usually all the proof a judge or jury will need.

Re: audio recording

The audio/video tapes of a DUI arrest can be obtained by your lawyer through the "discovery" process. Be careful what you wish for.

Re: audio recording

Well, unless you confessed to a crime after arrest, and that confession is used against you, Miranda warnings are irrelevant. If that is what happened, then you may have some defenses available that a competent attorney can use. So, sure, you can subpoena the tapes, but it won't do you much good without knowing what to do with them. Feel free to contact me if serious about defending the charges.