Legal Question in DUI Law in California

Not likely.

Call if you want an explanation.

The Policeman is not required to read you Miranda. Its only in specific situations they'll read you Miranda.

" Could I get this case to drop?"-You're not going to get the case dropped, you need a lawyer to go over everything. If you want further help I'm in LA. [email protected].

CAN the case end up being reduced or dropped? Sure. Is that likely, just because you want it? No. The police and prosecutors don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight, and a reason to do so.

Too much TV cop show 'reality' misinforms the public about the real system. Police don't have to say or explain anything to you, before or after arrest. You would have an evidence suppression issue to raise in a Motion if prosecutors seek to introduce into evidence a statement or confession obtained after arrest without first advising you of Miranda rights. It would be unusual for police to interrogate after arrest without a Miranda advisement; it is standard procedure. You might be surprised to find the police reports claim you were so advised. You will be surprised to find how detailed the police report is concerning your observed inebriated and impaired condition.

A little free advice: If arrested for DUI, whether alcohol or drugs, then upon release from jail or booking, the defendant is given documents that include a notice that he has only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of license imposed by DMV upon arrest. That is separate and runs consecutively with any suspension that may be imposed by DMV or the court upon conviction. Contact DMV and do so timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing to present your supporting evidence and witness testimony. If you don't know how to do these things effectively, then hire an attorney that does.

When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

There is certainly a chance of getting this lowered or even dropped under the right circumstances. As far as your Miranda rights go, typically they Officers do not read you your rights in a DUI situation, because the evidence they need to prove your guilt rarely if ever comes for what you say, as the Miranda warnings stipulate (You have the right to remain silent...) The evidence comes for what you do prior arrest, i.e. Filed Sobriety Tests, Breath tests etc. You really should consult with an attorney.