Attorney Answers Alameda County DUI QuestionI was stopped for a traffic violation in Alameda county, California that I did not commit, and then subsequently arrested for a DUI. Is that legal? I was pulled over in Alameda county, California for not having a seat belt on but I did have one on. I have witnesses, if needed. I was then arrested for DUI. My Miranda rights were not read to me. Can this all be used to dismiss my case? Do I have a good case for trial or should I plead no contest?
Attorney's Response to DUI Question from Alameda CountyYou were pulled over for a seat belt violation, but then subsequently charged with a DUI violation in Alameda county, California. What the officer says at trial might be different than what he told you on the street. Still, it would not be a bad idea to have witnesses testify -- depending, of course, on what else they might have to testify to on cross-examination. If you want to fight this case, you really need a DUI lawyer, preferably in Alameda county, California, who will know just what the prosecutor is, and is not, allowed to ask your witnesses! The consequences of a DUI are hard enough that if you have a good reason to fight it, you should. Your Miranda rights weren't violated unless you were questioned while in police custody. This almost never happens in a DUI; Miranda doesn't apply to simple identifaction questions, which are usually all that is asked. And since it's your BAC that's the legal question, in most DUI's, what you do or don't say doesn't affect the reading so it ordinarily wouldn't even be mentioned.
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