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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33149
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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My 19 year old son was arrested last weekend dui. He

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My 19 year old son was arrested last weekend for a dui. He was standing outside his car on the side of the road when the officer pulled up. I think he said the breathalyzer was .78. He also told me that he had not been read his rights. His court date is in about 60 days. Are we right in thinking this should just be dismissed? Do we call the court about him not being read his rights? Thank you.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. No, you're incorrect both as a practical matter as well as a legal matter in regard to the rights. Not being read your rights isn't cause for the dismissal of a case. Typically, the only effect it has is that any statements made after the arrest would not be admissible if the rights were not explained/read to the defendant. This is one of the most common misperceptions in the legal world. Also, he is not allowed to contact the court directly other than through written motions, etc. and can only address these matters in open court. Anything else is what is known as an "ex parte communication and is absolutely prohibited.
Expert:  Dwayne B. replied 1 year ago.
The issue as to him standing outside of the car when the officer pulled up can be grounds for a dismissal IF the officer didn't observe him operating the vehicle or didn't observe the vehicle in operation and if your son didn't admit ti operating the vehicle before he was under arrest.
Expert:  Dwayne B. replied 1 year ago.
However, very, very few cases are actually dismissed other than as a result of a plea to another charge. There are more cases taken to trial and the person found not guilty than are outright dismissed.
Expert:  Dwayne B. replied 1 year ago.
In this case your son will want to retain an attorney or, if he can't afford one, request that an attorney be appointed so that the attorney can get the video of the stop as well as the video leading up to the stop and point out that there is no evidence he was driving.
Expert:  Dwayne B. replied 1 year ago.
Your son can represent himself if he so chooses but the problem is that anything he says to the DA is then admissible against him and the DA will do their best to get him to admit to things that hurt his case.

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