Palm Bay, FL DUI Law Firms & Lawyers

Many folks wrongly but reasonably believe that a police officer must immediately inform an arrested person that he or she has the right to remain silent and other rights.  They are referring to "Miranda" rights, or warnings, which in fact must be provided to an individual by a police officer if two conditions exist: First, the individual must be "in custody."  That doesn't necessarily require handcuffing or the actual restraint of one's physical liberty.  A person is "in custody" if, given all of the attendant circumstances, a reasonable person in the given situation would believe that he or she is not free to leave the presence of the officer.  Secondly, the officer must intend to ask questions of the person who is "in custody." Standard procedure by police in DUI investigations is to not provide Miranda warnings until after "non-testimonial" aspects of the investigation have occurred.  Those would include roadside sobriety tasking and breath, blood or urine gathering.  That is because they know that Miranda warnings may cause an arrested person to not cooperate with that part of the investigation. If a person, without Miranda warnings being provided, at any time during any investigation, states to a police officer that he or she wants to consult with a lawyer, or is unwilling to answer any questions, there can be no interrogation.   So, during the investigation when you mentioned your desire to speak to an attorney, you were then invoking your Constitutional rights to an attorney and to silence.

Typically after one is arrested for suspicion of DUI, their driving license privilege will be suspended after 30 days UNLESS they request a DMV hearing within 10 days which will stay any license suspension pending the outcome of the DMV Hearing. For one to retain a valid driving privilege you must win DMV and not be convicted of DUI OR be found Not Guilty of DUI at a jury or bench trial.

You will have a court date and opportunity to explain why you failed to appear for probation.  In the future you could have called the probation officer instead of simply not showing up.  If you have proof of your family emergency show the court. You are technically in violation, and therefore I would  admit the violation,and ask the court to let you give an explanation. Then ask that you be allowed to continue on probation. Show remorse and tell the judge that this wont happen again. If you deny the violation the state will have an easy time proving, because either you reported or you didn't.