In California law, can i get a DUI if the officer never saw me in a car?
A guy claimed i scratched his car backing up and called the police. I was arrested for DUI, but the officer never saw me driving or even near a car. I did get Breathalyzed and had blood drawn. Plus i was never read my Miranda Rights(5th Amendment) ...
A guy claimed i scratched his car backing up and called the police. I was arrested for DUI, but the officer never saw me driving or even near a car. I did get Breathalyzed and had blood drawn. Plus i was never read my Miranda Rights(5th Amendment)
In most misdemeanor cases, an officer has to actually see you commit the offense to arrest you on the spot. However, in California, there is a special provision in the law for officers to make DUI arrests even if they didn’t see a person driving.
California Vehicle Code 40300.5 states, "a peace officer may, without a warrant, arrest a person when the officer has reasonable cause to believe that the person had been driving while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug when any of the following exists:
(a) The person is involved in a traffic accident…"
As far as the Miranda Admonishment, the only time officers are required to read it to you is after you’ve been arrested AND are being questioned about the crime at hand. Booking information and Breathalyzer tests don’t count. Even if you can prove they did question you after the arrest without Mirandizing you, the only result would be that they can’t use your post-arrest statements in court. Any statements made before arrest are totally admissible. And of course, all other evidence stands.
Your miranda rights would not be required in this situation. So, that is irrelevant. All the officer would need is a witness that saw you in the car. So, yes you can still be charged.
Of course you can. In a murder case can you be charged with murder if no one saw you shoot the victim? Of course.
There is no need to read you your rights unless you were under arrest and the police intended to use your confession at trial. Had you confessed to driving the car and you were at the station then your attorney could contest the confession and a hearing would be held and the judge would decide whether to throw it out.