Does my DUI have to be dismissed because they didn’t read me my rights?

Friday, November 4, 2011

Question: Does my DUI have to be dismissed
because they didn’t read me my rights?

Question:
Can my DUI case be dismissed if the officer didn’t read my Miranda Rights? Does
the police officer have to read me my rights if I get arrested for a DUI? Can my
case be dismissed if he doesn’t?It is highly unlikely that the failure
to read your Miranda
rights will result in a dismissal.  There is a US Supreme Court case called Berkemer
v. McCarty
that says the police can conduct an interrogation after a traffic
stop and elicit incriminating testimony without it violating Miranda or the
Fifth Amendment.  The Berkemer case involved a stop where the cop asked 1
question: do you have a license? The holding has been expanded by cops and
prosecutors to encompass the 27-30 DUI Pre-FST questions.

For more
information about ways to effectively beat a DUI charge visit my website: www.DUI-Defense-LA.com

 by Ed Blum, Attorney at
Law