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

Asked about 1 year ago - Camp Hill, PA

before the breathalyzer. Is this a reason for dismissal?

Attorney answers (9)

  1. Lidia L. Alperovich

    Pro

    Contributor Level 18

    11

    Lawyers agree

    Answered . Miranda rights only apply to statements

  2. Robert C. Keller

    Contributor Level 20

    11

    Lawyers agree

    Answered . 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.

  3. Daniel M. Myshin

    Contributor Level 17

    10

    Lawyers agree

    Answered . 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!

  4. Theodor Kaplun

    Contributor Level 16

    10

    Lawyers agree

    Answered . 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,... more
  5. Robert Laurens Driessen

    Contributor Level 20

    11

    Lawyers agree

    Answered . 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... more
  6. Shawn Michael Curry

    Contributor Level 11

    7

    Lawyers agree

    Answered . 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... more
  7. Ethan Patrick Meaney

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . 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.
  8. Kevin Keith McKain

    Contributor Level 10

    5

    Lawyers agree

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

  9. Mark Copoulos

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . 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,... more

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