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Thread: Should Police Mirandize Suspect Placed in Front Seat of Cruiser for Questioning

  1. #31
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    patrickt's Avatar Senior Member
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    Quote Originally Posted by DGUtley View Post
    I read your citation. It was so far from the OP I will give it a pass. The "crime" in question was drunken driving and you think the drunk should be read his Miranda rights. In some states, DUI is not a criminal offense. It is a traffic infraction. But, if you want to consider that the crime, once Miranda rights are given, does he get to sit mute while waiting for his attorney, and sobering up? No he doesn't. We will be offered a breathalyzer or had blood drawn.

    A suspect of a crime is never put in the front seat of the police car. I never put a drunk driver in the front seat. I'd don't want them pissing, crapping, or puking in my office.

    Only a lawyer could begin to think a drunken driver should be advised of the Miranda warnings. Oh, in your state, does a public defender get called to the scene at 2 a.m. to represent the drunk or does he simply get a pass on the breathalyzer because he's not represented by an attorney.

    For defense attorneys, the job is to get the criminal off. With drunks that goes as far as advising them before they drive drunk how to avoid the legal consequences.

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    Quote Originally Posted by patrickt View Post
    I read your citation. It was so far from the OP I will give it a pass. The "crime" in question was drunken driving and you think the drunk should be read his Miranda rights. In some states, DUI is not a criminal offense. It is a traffic infraction. But, if you want to consider that the crime, once Miranda rights are given, does he get to sit mute while waiting for his attorney, and sobering up? No he doesn't. We will be offered a breathalyzer or had blood drawn. A suspect of a crime is never put in the front seat of the police car. I never put a drunk driver in the front seat. I'd don't want them pissing, crapping, or puking in my office. Only a lawyer could begin to think a drunken driver should be advised of the Miranda warnings. Oh, in your state, does a public defender get called to the scene at 2 a.m. to represent the drunk or does he simply get a pass on the breathalyzer because he's not represented by an attorney. For defense attorneys, the job is to get the criminal off. With drunks that goes as far as advising them before they drive drunk how to avoid the legal consequences.
    I respectfully disagree. DUI is a crime in Ohio, and will rise to a felony after a certain number of convictions. Hence, the Miranda issue kicks in. Ohio is a mandatory test state (implied consent we call it) -- if you reject it you automatically lose your license of a year -- no ifs, ands or butts about it.
    Any time you give a man something he doesn't earn, you cheapen him. Our kids earn what they get, and that includes respect. -- Woody Hayes​

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