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I was recently pulled over for suspected DUI and they did not read me my Miranda rights or observe me for 15 minutes.

Camp Hill, PA |

before the breathalyzer. Is this a reason for dismissal?

Attorney Answers 9

Posted

Miranda rights only apply to statements

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Posted

Not for Miranda. Now the observation period can be an issue. You should consult with an experienced DUI attorney in your area for assistance. If you want to find one here on AVVO you can select "Find a Lawyer" at the top of the page. Good luck.

This is not intended as legal advice. No attorney / client relationship exists because of this response.

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Posted

Miranda no as that only applies to custodial interrogation and roadside DUI questions are exempt from Miranda. The 15 minute period may be grounds for some of the evidence to be suppressed which can potentially lead to the case being dismissed.
Robert Driessen

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.

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Posted

There are defenses available but Miranda warnings most likely is not one of them. Retain a criminal defense attorney with expertise in DUI cases. The attorney will expire all options and protect your interests. Good luck.

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1 comment

Robert C. Keller

Robert C. Keller

Posted

The attorney will explore all options.

Posted

With limited exceptions, police are required to advise a person in their custody of their constitutionally protected rights to remain silent and to consult with an attorney prior to responding to police interrogation. The failure to do so may be grounds to suppress the defendant's responses. However, the failure to provide Miranda warnings is generally not grounds for dismissal of the charges. It is important to remember that you may have other defenses available to you. I suggest that you promptly consult with an experienced criminal defense attorney who can review all of the facts in your case and provide a more reasoned opinion of the merits of any defenses available to you. Most here in the mid-state (myself included) will provide a brief initial consultation for no fee. If you cannot afford counsel, you should contact the public defender in the county where you were charged to find out if you qualify for the services of a public defender. Do NOT try to go this alone. Good luck!

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2 comments

William A. Jones Jr.

William A. Jones Jr.

Posted

Excellent thoughtful response.

Daniel M. Myshin

Daniel M. Myshin

Posted

Thank you for the kind words.

Posted

You have possible suppression issues, but Miranda is not one of them. My suggestion is that you retain a criminal defense attorney to help resolve your case.

The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Theodor Kapun and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney.

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Posted

You have received solid responses from my colleagues. For additional insight on your Miranda Rights, check out the link below.

You should also consult with a DUI Defense Lawyer in your area.

The information provided herein neither creates an attorney-client relationship nor should it be used or relied upon to make any decision in your case. Communications made in open forums are neither made in a confidential setting nor protected by the attorney-client privilege. You should consult directly with an attorney to obtain a full evaluation of your case.

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Posted

No. But if you were interrogated while in custody, you can move to suppress statements.

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Posted

Miranda is probably not applicable. Retain an experienced private criminal defense attorney.

This response is for informational purposes only and does not constitute legal advice. The response is intended, but not promised or guaranteed to be current, complete, or up-to-date. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between Mark D. Copoulos, Esquire and any party. The responses provided on this website are offered only for general informational and educational purposes. They are not offered as and do not constitute legal advice or legal opinions. You should not act or rely on any information contained in these responses without first seeking the advice of an attorney.

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