Alcohol & Drugs: DUI, DWI DWI / No Miranda Rights

[JoeyBloeySmoey]

Please explain why you refused to comply with the Officers? If you had done nothing wrong this would have been over quickly and without issue.

Example: Years ago (right after I separated from EX wife) my 3 kids and I lived in a Motel. Of course there were many undesirables living there as well. I went outside to use pay phone (right outside our room). A "Blue Knight" came to phone booth and began to question me. He asked me if I would empty my pockets. I comply with all his requests. He thanked me and moved on. I went back to my call.

I didn't comply because they wouldn't let me talk to an attorney. Obviously not a good thing, but it was an innate reaction on my behalf for them violating my rights in that regard.

My lawyer who's firm has been around for over 100 years and is specific to DWI law, with my individual lawyer having over 30 years of DWI-specific law practice, told me the entire thing might get thrown out for the very reason they wouldn't afford me legal counsel. He could of been blowing hot air, but I felt like it was a genuine comment.

The Judge reinstated my driving two days after arraignment because my lawyer made the courts aware I was denied counsel. I think that speaks in it of itself as to how the Judge felt...

 

[ElleMD]

It says far less than you think it says. Your right to counsel starts when you are in custody or charged. If it was denied, the evidence obtained can not be used against you. They never have to call your attorney for you.

You were lucky to dodge the bullet but that is a far cry from proof the police acted inappropriately and not even in the realm of something they could lose their badge over. Not based on anything you shared. The DMV only cares if you were convicted. If you were not, getting your license reinstated is just a formality that happens everyday, not an indictment on how you were treated or a legal victory.

DUIs get thrown out all the time, much like speeding tickets. If you were a first time offender and there was no accident or property damage there is honestly, little interest in wasting time and resources prosecuting you. It is a low priority. The hassle and expense of you defending it is typically enough of a deterrent. There were probably 5 other cases just like yours that very same day. Being obnoxious annoyed them temporarily but I doubt any of them remember you as officers deal with obnoxious citizens all day, every day and twice on Saturday.

I mention this as I get the impression you feel like you were totally in the right, they were in the wrong, and this is acceptable behavior for the future. You lucked out this time. Do not take this as a sign that you can be uncooperative and get away with it every time. It is also not a sign that you received inappropriate advice before, nor that you have any additional recourse now. Keep it up and your luck is going to run out real fast.

 

[Highwayman]

It is lawful to a police officer to ask you to step out of your vehicle on a traffic stop. There does not have to be a specific reason why.

 

[JoeyBloeySmoey]

It says far less than you think it says. Your right to counsel starts when you are in custody or charged. If it was denied, the evidence obtained can not be used against you. They never have to call your attorney for you.

You were lucky to dodge the bullet but that is a far cry from proof the police acted inappropriately and not even in the realm of something they could lose their badge over. Not based on anything you shared. The DMV only cares if you were convicted. If you were not, getting your license reinstated is just a formality that happens everyday, not an indictment on how you were treated or a legal victory.

DUIs get thrown out all the time, much like speeding tickets. If you were a first time offender and there was no accident or property damage there is honestly, little interest in wasting time and resources prosecuting you. It is a low priority. The hassle and expense of you defending it is typically enough of a deterrent. There were probably 5 other cases just like yours that very same day. Being obnoxious annoyed them temporarily but I doubt any of them remember you as officers deal with obnoxious citizens all day, every day and twice on Saturday.

I mention this as I get the impression you feel like you were totally in the right, they were in the wrong, and this is acceptable behavior for the future. You lucked out this time. Do not take this as a sign that you can be uncooperative and get away with it every time. It is also not a sign that you received inappropriate advice before, nor that you have any additional recourse now. Keep it up and your luck is going to run out real fast.

To be honest, what you state makes no sense in regards to a "conviction" relating to the DMV reinstating my license. DMV hearings are held before any official court proceedings (trials), in which there is no conviction, because it occurs before a conviction is allowed to happen, not after; I am in NY - not sure what state you are in, but that's how it works here. Getting my license back is not a "formality without conviction" in my jurisdiction. Being that I was not convicted, and a conviction cannot occur prior to the DMV hearing per my jurisdiction's mode of operation, how does a conviction take place if the DMV hearing I went through ALWAYS takes place before any conviction can occur? My lawyer who is very experienced stated that DMV hearings in my jurisdiction have a extremely high failure rate, in regards to the driver failing to get their driving privileges reinstated. The Judge whole-heartedly sided with me on the basis I was denied legal counsel at the road-side. I won that battle 100% in which I had about a 5% chance in winning.

The police did act inappropriately, entirely - I told them I want to speak to a lawyer, they denied and totally violated every right I had, and the Judge sided with me - he is a Judge... you are saying he is wrong? I doubt it.

They won't lose their badge obviously, cause our country is totally fucking corrupt beyond all measure & the incompetent children who run our system don't like to adhere to law when it sides against them.... go figure.

 

[Highwayman]

Judges are wrong all the time. None of them know everything about every law.

 

[Highwayman]

The sergeant would not identify himself when I asked for his badge number & name... I believe officers do indeed have to state who they are when asked.

No they do not. There is no legal requirement that they do so. That is up to individual agency policy and procedure.

 

[Highwayman]

DMV hearings are held before any official court proceedings (trials), in which there is no conviction, because it occurs before a conviction is allowed to happen, not after...

Just what law mandates this? I've never heard of such a thing.

The DMV Administrative hearing has nothing to do with the criminal case against you. They are two separate things, although the results of the hearing may be used against you in a criminal proceeding.

 

[army judge]

Closed, asked and answered.