DUI WTF I wasnt driving

Lawyer up NOW spend whatever you can afford on one spending some now will save you big time later!! Dont take the bullshit charges you have a solid case. IF you don't lawyer up now it will cost you more I guarantee that factor in the fines, restoration fees, court fees, major increase with your auto insurance cost for YEARS, loss of license and potentially using your ARD for something you're not guilty of.

 

Gas station should have CCTV. Hopefully it clearly shows your girlfriend getting out of driver seat.

 

I don't actually believe that link provided above is correct, as I understood it to be fairly well documented that the entire outcome of Miranda v. Arizona was that it became a requirement that police have to mirandize you, and you have to either implicitly or explicitly waive those rights, in order for any police questioning to be used as evidence in a trial. Although I do agree that obviously, any such evidence someone tries to use against you will be inadmissible.

Since 'in custody' becomes a matter of semantics (read: how you lose court cases), most departments I'm familiar with err on the side of CYA and mirandize immediately.

Either way, it's all kind of moot. Hopefully OP can get out of this bind.

 

I know in some states, like Oklahoma, the 'Actual Physical Control' clause can allow them to arrest you. You were seen on the driver's side, key was in ignition, etc.etc.
If you lawyer up you should be good though, just make sure you and your GF's stories are the same, LOL

 

Plenty of cases (regardless of the supposed crime) have been thrown out because cops didn't follow proper protocol. Not reading Miranda Rights is at the top of that list.

 

Lots of certified paralegals in here apparently. Probably best this thread goes away. It's not helping OP.

Get a lawyer (public defender or otherwise) and stop talking about it publicly.

 

First off, go get real legal advice. No one one here, no matter their background, is going to be able help you get off these charges if you’ve been charged. If you have the charges, and it sounds like you do, then you have been charged and should have a court date shortly. Representing yourself will not help. Launching a compliant may be a part of the actions you take, but in itself does not get those charges dropped. Ideally you, or someone you trust, has a good relationship with a law firm and can get you a free or cheap consultation on what your case would look like and what your odds are of winning given your story and the available evidence. That should be your first step. They will tell you what to do, ask lots of questions. In a perfect world it will never get to court and your law firm will get the charges dropped by pointing out the flaws in the states charges against you.

Were you holding or in procession the keys when you opened the drivers door and reached into the vehicle? I know this sounds horrible but I know cases my wife has worked on where if you are holding they keys and inside the vehicle on the drivers side then you can be charged with DUI without actually driving the car, or even starting it. Basically the way the law is interpreted, in Canada anyways, is that if law enforcement can reasonably assume you were driving OR just about to drive you can be charged with a DUI. So if you were bent over looking like you might be getting into the vehicle while holding the keys odds are the officers arrested you because they felt you were likely the driver or about to drive. They don’t have to show you the number on the breathalyzer nor do they have to read you your rights when you are arrested. Like Jberry said, they only have to respect your rights. You will be able to get the number that was on the breathalyzer at both the road side test and the station test from the officers reports which will be available to your lawyer prior to going to court. It’s usually the station test that is trusted anyways, the road side test can usually be easily challanged by a good lawyer. Anyways depending on your situation that that’s a rundown of why you were likely arrested and why certain things you expected to happen didn’t happen. A good lawyer is you best bet in that situation.

 

Breathalyzers are soft with a decent lawyer. Hang in there buddy, it's a long process but you can do it. One day at a time

 

You mean the Barracks School of Law / Google University aren't accredited institutions?

Definitely best to leave it to the people that get paid to do this sort of thing.

 

I would just say it was your evil twin and he's on the lam.

But for real... get a public defender OP. Tell him everything that happened. The WHOLE truth. Follow his advice and you'll make it through one way or another.

 

We were on the side of the freeway, we were both out of the car and at the turnk when CHP pulled up behind us to (help us ) as he said.
I wasnt yelling or talking back or anything rude like that .

 

^ This. Completely factual.

 

Soft at the road side, and hard to beat if he blew over at the station. As long as the calibration procedure is followed to a T on the breathalyzer that was used in the station. Almost all of the easy to win legal arguments about breathalyzer tests are based on the machine being contaminated or out of calibration due to road side use. The one at the station avoids all of those arguements. Blood tests are pretty much iron clad.

 

Just like speed limits!! If your going the posted speed limit, then you are still legal right??

 

Guarantee there's a large part of this story missing.