Saturday, October 10, 2009
Why didn't the officer read me my rights?
Understand, when you see people get read they're rights on TV, it doesn't mean that's how it happens in real life. As a general rule, if you haven't been read your rights, then the officers may not be able to use what you say to them to help convict you. Failure to read you your rights, however, does not mean that the arrest was illegal or that you now have a get out of the charges free card.
Who do I call?
Many clients call and hire my team the day after he or she is pulled over. Naturally, they want to DO something to try and help their case. The first thing you have to do is take a deep breath and recognize that certain processes have been set in motion that you probably cannot stop. You will most likely be charged, summoned to court and asked to address the DUI charges at some point in the near future, but for now, just take a minute.
Before you start freaking out about what might happen to you... before you start worrying about going to jail or losing your license... and before you tell your family what happened... you should contact an experienced DUI attorney that has had handled plenty of cases in your county.
Unless you've been accused of refusing to take a breath or blood test by an officer, this is primarily a criminal matter and will come to pass according to very specific and prescribed procedures. If you did refuse the chemical test (breath or blood) you may have a civil issue with Penndot that you may need to address immediately. If you refused the test, you can and probably will automatically lose your license for a year, so make sure you call an experienced DUI attorney immediately and make sure to tell them you refused the test so they know what to do in order to advise you on what will have to be done to put a hold on that suspension. Generally, this means filing a civil appeal against PennDot's suspension.
Our team covers Delaware, Montgomery, Chester and Philadelphia counties. You can find us at www.benarilaw.com. We also have respected and experienced colleagues throughout the state, so if you need us to recommend someone, just call us at (610) 566-1006. Ask for me, Arik, and I'll try and get you the name of an attorney that will know how to best handle your case wherever you are in the Commonwealth.
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