Transcript of Episode 012 “Ask a Lawyer with Joey Franks” – I Wasn’t Read My Rights. Am I Not Guilty?
They didn’t read me my Miranda Rights. Can I get off from the charges, or what?
Attorney Franks: Nope. That’s not going to happen. Miranda Rights apply to anything you say after your arrest. If they didn’t read you the rights after arrest, your attorney needs to make the correct motion with proper timing to exclude what you said after the time of arrest. But, when stopped for a probable cause DUI, if you admit to drinking or smoking pot or taking pills and it’s before the arrest, then Miranda Rights don’t apply at all. They can use that information against you. If you say something that implicates you after the arrest, we can probably exclude it at trail. But, it doesn’t mean you’re not guilty.
Will they suspend my license in any way?
Attorney Franks: Suspension is ninety days on a first. Second is up to a year. Third and you’re in jail for 1 to 5 years and no unrestricted license for three years after you get out of the hoosegow. Commercial driver’s license, one year for starters.
How about my insurance? What happens to that?
Attorney Franks: On a first, your policy could be canceled for a DUI conviction. No matter, you have to get insurance that meets DUI stipulations and it’s going to cost a heck of a lot more than what you had before you were arrested. That’s assuming you’re found guilty and we work hard to get you a not guilty resolution.
I was asleep in my car and the engine was turned off. But I’m still getting charged with a DUI. What’s up with that?
Attorney Franks: I guessing they are saying that you were operating the vehicle, but they need to show that the car could be operated. If the key was in the ignition, then the car was probably capable of being driven. However, in Mississippi, there’s a good defense the car was not being operated if the key is not in the ignition at time of impairment.
I still got arrested even though I passed the field tests. Why did that happen?
Attorney Franks: You must have blown greater that a zero point eight. They call that a statutory DUI. It’s different than the field tests like walking a straight line and touching your nose.
Will I have to get treatment?
Attorney Franks: If you plead or are found guilty of a DUI first offense, they will have you go to an alcohol rehab class. Second or third is a different story though. They can put you through more stuff.
What do you do to help me?
Attorney Franks: I will tell you everything you need to know – good and bad. At trail, I try to get the case dismissed or go the non-adjudicate route. I know a lot of the cops and the prosecutors. If it’s appropriate, I will speak with them. I promise that I will work hard in your best interests for the best possible outcome. That’s why I’m a criminal justice attorney in Jackson MS