What is best way to fight a DUI on prescription drugs? 5 Answers as of July 25, 2014

Police found my son’s car on an island in a private road with condos, not on the main street. He passed the breath test but blood test showed muscle relaxant and anxiety medications. The car was impounded but is now released. There was no injury or property damage. It is also possible that the Miranda rights was not read.

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Universal Law Group, Inc. | Francis John Cowhig
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. What were the prescription drugs? What are their side-effects? Why was your son's car on a private road? I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your son's situation. (S)he would then be in a better position to analyze his case and advise you of his options. With regards to Miranda, although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest.
Answer Applies to: California
Replied: 7/25/2014
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You need to hire a DUI specialist. Drug DUIs are a lot harder to prove, because there is no set amount that makes somebody intoxicated as in alcohol. But without a competent lawyer you are still just a sitting duck for the prosecutor. As for Miranda, it only has to be read if there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth "prior" to cuffing you, so Miranda rarely applies.
Answer Applies to: California
Replied: 7/25/2014
Law Office of Mark Rosenfeld
Law Office of Mark Rosenfeld | Mark Rosenfeld
DUI drug cases are the wave of the future. The best way to defend these cases is to get a well trained and experienced DUI drug defense attorney. You will want an attorney trained in the DRE protocol as well as gas chromatography.
Answer Applies to: California
Replied: 7/24/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
The best way to fight a DUI is to hire a criminal law attorney.
Answer Applies to: California
Replied: 7/24/2014
Attorney at Law
Attorney at Law | Michael J. Kennedy
The only way to fight it is to hire a knowledgeable DUI lawyer. DUI-Drugs is very hard to prove, if you have the right lawyer, although too many just keel over and plead guilty if they are faced with the blood results. These things are very fight-able.
Answer Applies to: California
Replied: 7/24/2014
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