My friend has been arrested in DUI case. An assault 3, arises out of the DUI arrest. However, the prosecutor is only charging with her the Assault 3. The police did not read her , her Miranda right and the implicit consent warning required in WA. She consequently refused to take the test. Now she has to go to a Hearing with the DOL to fight license suspension. Can she use the police failure to read her those rights as a defense?Thank you Michael. Indeed the arresting police officer wrote in his report "did not perform " on the pages that says constitutional rights and Implied consent warnings. This is consistent with my friend allegations that the police officer did not read her any of the two rights as required .
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