Legal Question in Criminal Law in California
DA admits initial contact was detainment
in a misdemeanor D.U.I. where the initial contact has not yet been determined to be lawful but where the DA had admitted that detainment took place at initial contact; is this also a custody situation requiring Miranda rights advisement? Also, does admitted detainment increase the responsibility of providing a proper Trombetta advisement?
1 Answer from Attorneys
Re: DA admits initial contact was detainment
Even assuming initial contact was detainment or placement in custody for the purpose of Miranda rights, I am not sure what good that does for you. Violations of Miranda are not constitutional in nature and they do not result in a dismissal of a case. Such violations do only one thing - exclude testimonial evidence in the form of your own statements from the case against you. DUIs are generally based on blood alcohol level tests, not on self-incriminating statements. People generally do not say, "Hey I had so much to drink that I am absolutely hammered," but generally something quite opposite. Miranda issues are seldom relevant to DUI situations.
Detainment and Trombetta warnings are not related.
Based upon the information you provided, while defenses to your case might very well be available, they are not based on the facts you described.
Very best,
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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