before the breathalyzer. Is this a reason for dismissal?
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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