“Miranda rights” or otherwise “Miranda warning” comes from the 1966 U.S. Supreme Court case Miranda vs. Arizona. The judgment of this case was precedential since it set up several procedural requirements that are to be followed by the law-enforcement bodies while arresting and interrogating a suspect. Meanwhile, the procedural safeguards are considered to be the rights vested to the defendant.
Especially, the Court held that defendant must be warned before any questioning that:
The conjunction of these four procedural safeguards constitutes Miranda rights, which shall be enjoyed by everyone. They apply to all criminal proceedings, including cases comprising offenses of driving under the influence (“DUI”). Not only should the defendant be informed of his/her Miranda rights, but also they are to be fulfilled without hindrance. This means that the mere announcement of Miranda rights by law-enforcement bodies does not suffice. The defendant shall enjoy the consequences of Miranda rights. So if the police explain Miranda rights to the suspect, but then start to question him ignoring his refusal to be questioned or his request to call his lawyer, the essence of Miranda rights will be impaired.
To obtain Miranda rights, the defendant must gain special status. In Miranda case the court established that the presence of the following two conditions is a must:
As of DUI arrests, the road police are not necessarily required to give Miranda warning before carrying roadside DUI investigation. In case a DUI investigation is accompanied by an arrest and interrogation of a driver, a Miranda warning should be given.
One does not need to be read a Miranda warning to gain the right to exercise it. In that regard, drivers may be well informed about their rights and responsibilities. At least, they may learn it from action movies. Nevertheless, Miranda rights need to be invoked clearly in order to achieve them. The way of invocation does not matter, someone might say “I want to remain silent”, “I want to call my lawyer”, or “Please, provide a lawyer”.
The police will probably ask you if you understand your rights after reading them to you after the Miranda warning. The police will then give you the option to surrender your rights if you want to cooperate with their investigation. You might have to sign a Miranda waiver in order to give up your rights. Insist on your right to stay silent when the police ask you whether you wish to renounce your rights. You might be able to renounce your Miranda rights without actually signing a waiver by making an implied waiver instead. As long as your statement is voluntary and you have been informed of your Miranda rights, it may be presumed in this situation. The suspect may waive his Miranda rights. The waiver must be clear and affirmative․ It should be accepted in case the police are confident in the following:
In the event Miranda rights are somehow violated, a DUI defense attorney can submit a motion to suppress evidence referring to section 1538.5 of the California Penal Code. If the motion is granted, the evidence obtained in violation of Miranda rights (statements of the defendant) is considered inadmissible in the court proceedings and the judge throws it out of the lists of evidence.
The most terrifying of all the California DUI consequences is probably going to jail. Depending on the circumstances, whether it is your first or fourth DUI conviction, you might spend time in jail. Additionally, state jail term is part of several DUI penalties. You must be aware of your particular sentence and understand how to reduce or prevent it.
Under the Vehicle Code of California, it is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle. Driving under the influence (DUI) is an offense punishable under California law. Like any offense, DUI also has its manifestations. It may be committed under a variety of circumstances, which can both aggravate and mitigate the gravity of the offense. The content of such circumstances compose of the following factors:
Unreasonable force refers to situations when government officials legally entitled to use force exceed the necessary minimum amount to diffuse an incident or to defend others or themselves from harm.
According to CACI 440 the plaintiff must be able to prove the following elements to establish this claim:
Under the legal doctrine of governmental immunity, a police officer's actions are protected from liability while being on the job. This is a rule that the police officer generally can’t be sued for reasonable actions taken while performing his official duties. So, the right to make an investigatory stop or arrest necessarily carries with it the right to use some degree of physical force, but the degree of the force must be proportional to the threat and be applicable only in response to the threat.
When "aggravating circumstances" surround your DUI, your punishment will be enhanced. In addition to the standard DUI sanctions, the enhancement includes additional punishments. The following sentence enhancements are most prevalent in California:
Obviously, if a felony is attributed to the person, he/she will face a stricter penalty as compared with the other ones in the range of penalties envisaged for the particular offense. In this regard, DUI is not an exemption, and it has such harsh penalties as imprisonment in the county jail for a certain period. Almost all DUI offenses may entail a jail sentence in California. Jail time varies upon the nature, frequency, and gravity of the offense. Jail time has its lower and upper limits. According to the Vehicle Code and court practice of California, based on the frequency of the offense jail time for DUIs constitutes as follows:
Frequency
Minimum Jail Time
Maximum Jail Time
1st DUI
48 hours
6 months
2nd DUI (within 10 years)
10 days
Up to 1 year
3rd DUI (within 10 years)
120 days
Up to 1 year
4th (or more) DUI (within 10 years)
180 days
Up to 3 years
The court can credit the convicted with the time he/she served after an arrest. For example, if a driver spent 2 days in jail after a DUI arrest, and further he/she is sentenced to 22 days. His final jail time will be 20 days. Some circumstances can increase the likelihood of applying jail time by the judge while considering the type of penalty. Such circumstances are known as “aggravating circumstances." These include:
Due to the overcrowding in California prisons, the courts are more prone to apply other measures of liability as an alternative to jail time. Also, it may happen in cases when the offense is nonviolent or the defendant is a first offender. Possible alternatives for jail time are:
Given the seriousness of DUI penalties, it is important to contact an experienced attorney as soon as possible. A skilled attorney will be able to analyze the details of your case. He or she will be able to identify possible errors in police actions and develop an effective defense strategy. This is especially true if this is your first offense or if there are extenuating circumstances.
Without legal assistance, defendants in DUI cases are often unaware of their rights. Or of possible alternative penalties. For example, an experienced defense attorney can challenge:
In addition, an attorney can request that the jail time be converted to alternative measures. Such as:
If you have been charged with DUI, do not delay in seeking legal help. Contact KAASS LAW we can help you understand the situation, protect your rights, and minimize the consequences. Call us at (310) 943-1171 for a free consultation.
Courts can also grant police officers qualified immunity along with deferring to a law enforcement reasonableness standard. This aims to protect public officials from civil liability for violations of rights as long as they were reasonably performing their duties and the rights weren’t clearly established. In unreasonable force cases, qualified immunity can protect police officers in more unclear situations where there's a border between necessary and unreasonable force. Though, to benefit from this immunity, a public official must be able to show that a reasonable person in his position wouldn't have known that his conduct violated clearly established law.
Here are some examples of excessive force and police abuse.
A victim might be able to take his case to the court if he was victimized by law enforcement. Generally, there can be three main causes of action:
Under Section 1983 of the United States Code, an unreasonable force is a constitutional violation that can be remedied by filing a civil rights complaint for injunctive or monetary relief. A plaintiff can also file a complaint with the U.S. Department of Justice, which can decide to investigate his case. When deciding the issue of whether the government official engaged in excessive force or not, courts consider particular circumstances to determine if the actions were objectively reasonable.