Legal Question in Criminal Law in Oklahoma
Juvenile law
My 16 yo son was a passenger in a car driven by another 16 yo. They were both intoxicated and the driver refused to stop when signaled by the arresting officer, when stopped, they were both given breathalyzer tests, handcuffed and released into parental custody. The officer did not read the boys their miranda rights nor tell them the charges. My son was charged with minor consumption under 21 and curfew violation.
Asked on 3/22/07, 1:56 pm
1 Answer from Attorneys
Steve Chlouber
Fuller, Chlouber & Frizzell, L.L.P.
Re: Juvenile law
Based on the information you provided, it does not sound like the officer did anything wrong. No need to read miranda to an intoxicated person. Also, miranda only helps if you were makes incriminating statements after you have been arrested without having your miranda rights read to you.
Answered on 3/23/07, 12:34 pm
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