Skip to main content

Will my case be dismissed or all evidence including tests, if i was not read Miranda Rights under the following circumstances?

Paramount, CA |

I was arrested for 148 PC-Obstructing a peace officer and transported to the Police station for booking.


At the station (according to the report) i was asked again if i had anything to drink that evening and i said "no" Then i was asked if i had any alcohol beverages at all that day and i said "yes" and many other question.

I was told by the police officer that he formed the opinion I was possibly operating a motor Vehicle under the influence of alcohol and ask me if I would be welling to take F.S.T. I responded yes.
Because of these interrogation with out Miranda Rights read to me, i was further investigated for a DUI by performing a Field Sobriety Test at the station and blowing with an insufficient result. Was booked for a refusal

Attorney Answers 8

  1. A Miranda warning is required when (1) you are in custody, and (2) there is interrogation. The police will likely argue that while they were initially questioning you you were not "in custody," and therefore you were not required to be read your Miranda rights. Did the police read you your Miranda rights when you got to the station?

    Also, your question is unclear about why the police believed you were driving under the influence. Were you pulled over while you were in a car?

  2. Defendant statement elicited through custodial interrogation is not admissible unless preceded by a Miranda advisement. You need a lawyer ASAP to thoroughly examine and challenge you charges. Best of luck.

  3. Failing to read you your Miranda rights only means that the DA cannot use your statement in his case in chief against you. It does not entitle you to a dismissal of any charges filed.
    You should at least contact an attorney and consult about the charges.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

  4. You must be mirandized only prior to interrogation that seeks answers to questions likely to incriminate you. Generally, on a DUI stop, the police will list other non-verbal factors to justify the arrest, such as the smell of alcohol on your breath. The questioning then, if challenged, is not necessarily fatal to their case.

    The FSTs are also non-testimonial and do not require Miranda prior thereto. They are designed to be almost impossible to pass, thus giving the police the right to take you in for a chemical test.

    The chemical tests are also deemed by law to speak for themselves and thus non-testimonial, making Miranda unnecessary.

    You say you were booked for a 148 PC violation. But you also mention they deemed your breath test a refusal. Are you not then also facing a DUI charge? A refusal raises a legal presumption of DUI. If you are, and they took your license, a DMV hearing MUST be requested and scheduled within 10 days of the stop, otherwise your license will automatically be suspended. The DMV proceedings is entirely separate from any court case.

    Clearly there are several issues that might cause you harm here if not immediately addressed. Call me for a free consultation, at which time I can also provide a fee quote should you wish to retain me.

  5. Miranda applies to statements made while undergoing custodial interrogation. In other words, you have to be in custody (meaning you were not free to leave) and law enforcement must be asking you questions which might elicit and incriminating answer. The results of the field sobriety and breath tests will not be suppressed, however any statements you made might be suppressed and therefore would not be used against you at trial. But for a 148 and a DUI, it is doubtful that statements are needed to prove up these charges, so it is doubtful that the mere suppression of your statement would lead the the prosecutor moving to dismiss the case.

  6. Generally, the Miranda rule is meant to protect against self-incrimination and other rights. Evidence obtained in violation of Miranda (from an un-warned and in-custody interrogation) cannot be used against the defendant in a criminal proceeding. However, although this evidence cannot be used in the prosecution's case-in-chief, it may be used for impeachment purposes so long as the statements were only voluntarily made.

    As a result, even if a statement was taken in violation of Miranda and evidence against you was obtained thereafter, there are other implications and you should contact a local and qualified criminal defense lawyer to assist you.

    The information provided herein does not create an attorney-client relationship. The information provided is for informational purposes only and should not be relied upon. No reliance will be presumed. Only upon the hiring of qualified counsel can such advice be custom-tailored to the client's specific facts. Any prior results mentioned or referred to do not guaranty similar outcome. ADVERTISEMENT.

  7. A totality of the evidence needs to be reviewed before determining whether Miranda rights needed to be read to you or not.
    As a former prosecutor we hammered "pre investigatory questioning to confirm or dispel" to effect. Consult an attorney to determine the facts of the case and what course of action works for you.

  8. Miranda could exclude any statements you made AFTER being placed in custody and "interrogated." Exclusion would mean that the DA cannot use as evidence at trial your statements that were obtained in violation of Miranda.

    On the facts as you present them, it sounds like a fairly weak PC 148 charge. Hire a trustworthy lawyer and raise the Miranda issue with your attorney. Good luck!

Civil rights topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics