Legal Question in Criminal Law in Michigan

OUIL - UIP - DWL

I was pulled over on a traffic violation did not have a drivers liscense, had a warrant out for my arrest for a UIP and blew a .07 which is illegal considering I'm 20 years old. This is my second OUIL and I'm not currently on probation. I was not read my miranda rights when they took me in, I understand they don't have to do this on a drunk driving offense but the first reason they were taking me in was for the warrant out for my arrest, can I use this to help me in anyway, I have an attorney but have not called him yet and I wanted a second opinion before hand.


Asked on 7/10/00, 12:00 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: OUIL - UIP - DWL

"Not having my Miranda rights read to me" is only an issue if the police interrogated you (asked you questions re: events surrounding the charged offenses) AFTER you were "in custody". Before your arrest, they can Q&A you all they want and not have to read your Miranda rights because you are not in custody. (There's a Court of Appeals case named People v Chinn right on point.) After your arrest, they have to.

But, if they did not read those rights to you and did not Q&A you after your arrest, your concern is meaningless. There's no confession to suppress (throw out).

I see a lot of OUIL cases where Miranda rights are never read. Why? The defendant's drunk, so any post-arrest confession has to be taken with a grain of salt anyway, and may be too drunk to understand the rights being read. (Catch-22) Also, the facts that the cops/Prosecutor have to prove in court don't depend on your confession (like, maybe, from a larceny or rape or other crime that occurs in secret with few or no witnesses). Here, the cop saw you driving, stopped you, observed your mannerisms that might show intoxication, and gave you the breath test. Case closed. No confession ("OK, I'm drunk. I drank 6 beers at The Bar ...") is needed.

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Answered on 9/21/00, 1:40 pm


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