Friday, November 4, 2011
Question: Does my DUI have to be dismissed
because they didn’t read me my rights?
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.
information about ways to effectively beat a DUI charge visit my website: www.DUI-Defense-LA.com