Question: San Fernando DUI arrest, but cop didn’t read me my Miranda rights. Is this legal??? Court date in San Fernando Court in mid-August. I don’t think I was driving poorly either.

Answer: I get this question a lot. Although the Cop should read you your miranda rights when he arrests you, they don’t always. In cases where they don’t read you your miranda rights, your attorney can move to suppress statements you made after your point of arrest. Also, in regards to the driving, if you weren’t driving poorly, or there there was not some other reason for them to pull you over in the first place (ie. broken tail light), then it is possible to win the DUI case on lack of probable cause to pull you over in the first place.

Sincerely,

Phil Hache
DUI & Criminal Defense Attorney
www.1DUILawyer.com
Handling DUI and Criminal matters throughout Courts in Southern California including Van Nuys, San Fernando, Burbank, Glendale, Pasadena, Metro, Bellflower, Alhambra, Malibu, Compton, Inglewood and other Courts.
Office in Sherman Oaks