I have recenlty been arrested for public intoxication,,,,?

Rachel SUPERGIRL

Your rights MUST be read to you. It's called due process. but WOW they arrest people for stuff like that. hahaha. I did not know that. Wow. I need to get out of New Orleans more. To me that is CRAZY!! If you wanna be drunk walkin down the street, and you ain't do anything to anyone, to me, that's your own business. If that was the case here, Bourbon would be just FILLED with cops arresting people left and right!

bite_me426

I love miranda questions....

You only need to be mirandized if both of the following are in place...

1. You are under physical arrest

AND

2. The officer wants to question you.

If you were cuffed but not under arrest, then they did not need to read miranda... if you were "placed under arrest" (an officer will usually say those words so you know) and then questioned without miranda, anything you said is inadmissable in court. Also, when an officer asks you out of the vehicle it is for safety of the officer, you can refuse, but you can be charged with an offense. The public intox isn't because you were out of the car, in some states, a car is considered "public" because the public has visual access. (just like if you were dangling your winky in front of your window you can be charged with indecent exposure even if in your house).

Wounded Duck

Simply put, you have NO right to be drunk in public. Being a passenger in a car is being in public. You have NO right to refuse to obey a police officers orders. After the fact you MAY challenge the legality, but at the time you must obey. Rights are to be read only if you are being ARRESTED! Detention does not meet that criteria.

TxTopCop

You don't have your rights read to you unless the officer is taking a statement.

You failed to mention whether the other occupants of the car were also arrested. You failed to mention the reason for the stop in the first place.

Sounds like a rightous arrest to me. You WERE a danger to yourself or other by appearing in a public place, i.e. public roadway.

You were drunk... you were arrested.... period.

Had you refused to get out of the vehicle, you could have been filed on for resisting.

Pay the fine and forget about it.

Futrlwyr

As said before, Miranda only applies if the officer has placed you under arrest and he or she is trying to illicit information form you. So long as he did not get you to talk, then any statement you made will be admissible. Miranda does not exclude voluntary statements. Moreover, the arrest itself is will not be thrown out, only statements made by you post-arrest and which were a response to a question asked by the officer.
I'm not entirely sure, but i don't think you had any right to remain in the vehicle.

patrickin2004

you got rights.. oh yea!
the important question is, do you have money to fight for those rights?
do you see how it works now?

jtw532

I cant see how they arrested you for public intox if you were a passenger in a car- I seriously doubt that these charges will hold up in court, unless your laws prohibit you from being drunk as a passenger in a car.
You rights did not have to be read to you as others have stated. The only time they need to read you your rights is when they interrogate you and ask you incriminating questions. In this case, the officers could tell that you were intoxicated. The officers can order you out of the vehicle and if you refuse to, they will get you out anyway, which would result in another charge.
They gave you a breath test before you were released to see if you were sober enough to be on your own- otherwise if you were drunk and falling over they would be responsible for your actions

squirrely

These are good questions for your attorney. Usually they read you your rights when they arrest you. If they asked you how much you had to drink, and you told them, you incriminated yourself. You don't have to answer any of their questions, you only have to give them your id.

lee2104

well yeah and no, they had to be sure that you wer not a danger to anyone.. they should have asked you to get out of the car instead of ordered.. and if you refused they would have then had to read you your rights, if they believed you indeed were a danger.. but what was the driver being stopped for?

police are morons, they do as they like.. just because they can. dont worry about it too much

Mr. Greer

how old are you

MR. KRATOS

Depends on your age, and maybe he did read you your rights and you were to smashed to remember

emmâ™¥

how old are you?

sexy_devil

I don't think it applies to this question, because they only asked you how much you had to drink, and if you did not answer they could still find out by brethalizing you or by blood alcohol test.

Jason T

rights have to be read to at some point not necessarily before you got out of the car. if they were never read to you, then you have a lawsuit. if at some point they were read to you, then there is nothing you can do.

Lauren

If you're 21 or older, you had every right to stay in the vehicle, as you were not driving. Making you get out of the vehicle without good reason, and then questioning you, against your consent, is against the law, technically. It's in the constitution.

EvanitionGuitarist

If you are under the drinking age you were breaking the law anywayl.

HisPR!nc3Ss

Yes..you could've refused to get out of the car because there was no warrant for your arrest..and they were suppose to read you your rights before puttiing you in their custody....."it's under the Miranda Rights Law."

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