If your hand cuffed and put under arrest they should read you the miranda rights is this a violation of your civl rights?

3 views 4 answers
Dui case took the breath test 3times until they got what they were looking for .

Attorney Answers

4
Patrick Collins ·
Actually Miranda only applies to statements you make while in custody. The police have to warn you that you have the right to remain silent and have the right to have an attorney present during questioning. The Miranda rights when arrested thing is a TV-show inaccuracy. But the fact that you were administered the breath test three times is very interesting and probably helpful to your case. You need to consult with an experienced DUI attorney about that. We do Kent and New Castle Counties; not sure where you were arrested.
0 upvotes
Jay Finnecy ·
The Miranda Warnings are perhaps the most widely misunderstood areas of law in the world. Miranda is a rule of evidence, not a get out of jail free card. Miranda rarely applies in the typical DUI case. Oddly, you seem to know your Miranda Rights anyway as you realize they were not read to you... Assuming you were never read your rights, any STATEMENTS you made after being arrested could be excluded from your trial. That's it. That's the remedy. Your post-arrest, product of police interrogation, statements are excluded from evidence. EVERYTHING else including your BAC is admissible. Speak with a local DUI/criminal defense attorney for further assistance with your case.
0 upvotes
Robert Degroot ·
It depends upon the facts as to whether the reading of the rights makes any difference whatsoever. It is not required that you be read your rights when you are arrested.
0 upvotes
Steven Shelton ·
The Miranda warnings are only required if the police want to use something that you said while you were in custody against you. Clearly, if you are handcuffed, you are in custody, so if they handcuff you and then start asking you questions, none of the answers you give will be admissible at trial unless they Mirandized you first. However, police are not required to Mirandize you every time they arrest you, and failure to Mirandize you does not mean the arrest is invalid, the case is flawed, or the case will be dismissed. In my experience, very few people are actually Mirandized when they are arrested.
0 upvotes