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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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I was arrested without option of field sobriety test.

Customer Question

I was arrested for Dwi without option of field sobriety test. No Miranda rights were given after being handcuffed and placed in police car. He was out of his legal jurisdiction. Is there any hope?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Samuel II replied 2 years ago.
This is Samuel and I will discuss this and provide you information in this regard.
Field Sobriety Tests are not mandated by law. The officer may initiate such tests, but they do not need to. And, if requested to participate the driver can decline.
I suggest the reason for the stop and any breath or blood tests given will be key in regard to a conviction. You should have been read your rights, before any of those tests were administered.
Do you know why you were pulled over?
At the time of the stop, did the officer ask you anything about if you were drinking or was there a strong odor of alcohol? Did you answer any questions that the officer asked you regarding prior drinking before you were arrested?
Those are going to be key elements. An officer does not need to give Miranda before an arrest and if the arrest is made because of visual signs the officer is trained to recognize then the Miranda do not need to be administered.
Please note that I can only provide information for what you ask. In that regard, if you have other questions or need clarification, please let me know here. Otherwise, I would appreciate a Positive Rating as that is how I get credit for my time.
​Thank you

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