Thread: DUI Report
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Old 04-19-2009 | 06:31 PM
  #29  
citation35hf
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From: Courtroom
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Originally Posted by rickair7777
The police can stop you and ask you some questions without reading your rights, and can ask you to do a FST. But if they place you under duress (a situation where you are significantly intimidated) they had better mirandize you. "Arrest" is in the eye of the beholder...a ride to the station in handcuffs puts most folks under duress.
This is true for any other contacts or arrest, actually it's called the 10 minute rule. (The courts have ruled a reasonable person after 10 minutes feels they are being detained and are not free to leave, and a normal traffic stop, should take no longer than 10 minutes) however, DUI is a different animal, as soon as you read implied consent, that 10 minute rules disappears, the courts have ruled, that since you are operating a vehicle which has been ruled as a privilege not right, and a police officer believes that you are impaired, he can do what he needs to in a reasonable amount of time to determine this.
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