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Santa Barbara DUI - DWI Arrest: Email: dwgenis@msn.com
Miranda Rights And San Luis Obispo, CA DUI Law
How An Experienced San Luis Obispo DUI Attorney
Can Have Evidence Removed From Your Case
Contrary to popular belief, certain information gathered by a police officer can be used by the prosecution, even if you were NOT read your Miranda rights before making certain statements.
According to San Luis Obispo, CA DUI law, it really comes down to determining the intent of the questions the police officer asked. With an experienced San Luis Obispo DUI attorney, the judge may be persuaded to throw out certain evidence that is more interrogative in nature.
Basically, an experienced San Luis Obispo DUI attorney knows that every question a police officer asks is either…
- Investigative in nature
- Meant to interrogate you for evidence
Under San Luis Obispo, CA DUI law, questions that are investigative in nature do not require the reading of Miranda rights. In other words, if the officer is simply trying to determine whether or not you are guilty of driving drunk in California, he or she does not have to first read you Miranda rights.
Once the officer decides you are guilty, San Luis Obispo, CA DUI law requires that he or she must read you your Miranda rights before asking any questions that could be incriminating in nature.
With the help of a San Luis Obispo DUI attorney, you can place doubt upon whether or not the questions the officer asks are interrogative.
Since the statements you make are often the most damaging evidence the prosecution has in its case, it is important for your San Luis Obispo DUI attorney to get as much thrown out as possible. Or, better yet, politely refuse to answer any questions when pulled over for a DUI (until your attorney is present) and there will be less evidence for the prosecution to leverage.
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Darryl W. Genis earned a law degree from Southwestern University School of Law in 1980. Using his knowledge of San Luis Obispo, CA DUI law, he has helped many clients fight their DUI charges.
Using his experience and skill as a San Luis Obispo DUI attorney, Attorney Genis can cast doubt on the evidence gathered from the statements you made. He will use his experience and available legal tactics to fight your case.
Contact Attorney Genis at 805-956-0182 for an experienced San Luis Obispo DUI attorney. |
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Darryl W. Genis
Attorney At Law
3 West Carrillo
Suite 203
Santa Barbara California 93101
(805) 966-0812
California DUI / BUI Defense Attorney serving:
Santa Barbara, Ventura and San Luis Obispo
Since graduating from Southwestern University in 1980 Darryl W. Genis has been helping clients fight their drunk driving charges. His experience, professionalism and dedication to protecting his clients’ rights and freedom make him an excellent choice for your BUI / DUI attorney. |
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