Shouldnt i have gotten a ticket at the scene of an accident?

Question

I got into an accident and i was put under arrest for suspicion of DUI. (it didn't help that my friend was drunk) However when he arrested me he did not read me my rights, nor did he inform me that he would search my car. (I guess probably cause) well they didn't find anything in the car. I was then taken to the police station and did a breathalyzer and a blood test. i blew a .00 and waiting on the drug test. (however i went to my doctors and had a drug test done and their results came back negative). But don't you think that i would have gotten the accident ticket either at the scene of the accident or at the police station? Because my friend already has a court date. So why didn't i get anything? should i expect one?

Answer 1

I don't think you were technically under arrest.  You were detained therefore your miranda rights aren't required to be read to you by an Officer.  If you had failed the breathlyzer then you'd likely be under arrest and charged with a DUI.  Suspicion of DUI is not a charge it's more having to do with probable cause.  Were you the driver of the car? If not then you probably won't get a ticket. Also, how can you AND your friend be arrested on DUI related matters...who was sitting on whose lap when whichever one was driving the car?  Your story doesn't make any sense whatsoever.

Answer 2

The ticket or arrest warrant will be issued when the investigation is complete.

Answer 3

Reading your rights is not required when investigating a DUI. As far as the search, that was done incident to your arrest.

The blood test done by the state may be more comprehensive than your doctor's test, so you may not be in the clear yet.

I'm not sure why they didn't issue a citation. They could be waiting for the results of your blood test, or perhaps the accident is still under investigation.

Answer 4

One reason may be that there's an issue of double jeopardy if you run down and plead to a ticket that's for something they intend to use to help prove that you were impaired. It might not be able to be used at the DUI trial. Yeah. You could still get one.  

Answer 5

In my PD we were told not to issue citations when we arrest for DUI.  the reason was that the citation is the probable cause for being there to begin with and if the ticket is later thrown out in court, then the PC is thrown out along with it, and of course there goes the DUI arrest as well.  Hope that helps, but hey look at the bright side.  You didn't get the DUI and now you don't have a ticket either.

As for reading you your rights, its not required unless you are going to be question.  Reading of rights is persuent to an interrogation

Answer 6

In this day and age, just because you weren't read a Miranda statement doesn't guarantee your case will get thrown out.  I was arrested once and wasn't read my rights.  My lawyer raised the issue in open court and the judge wasn't having it.

I ended up having the search ruled illegal becuase it was conducted while I was being unlawfully detained.