The Police Officer did not Read My Miranda Rights to Me, what can I Do?

When the Defendant is arrested and in police custody, the Police Officer reads the Defendant his Miranda rights. The Miranda rights are read to the Defendant, so they know ahead of time that they do not have to answer the police’s questions which can be used against him in Court. When the driver is initially stopped, the police officer does not have to read the driver the Miranda rights only when he or she is arrested and in police custody. When the driver makes statements to the police officer that can be used against the driver if he or she states criminal activity. Furthermore, once the driver is removed and arrested to the police station, the Defendant should be “Mirandized” since he is arrested. Once arrested, if the police officer is seeking information without providing Miranda warning to the Defendant, if the response to the question is incriminating, it can be suppressed in court.

To either to take a breathalyzer or to refuse it, the Defendant should be read his administrative rights. The Defendant will weight his or option whether to cooperate with the police or refuse to take the test and face the consequences of her refusal. A Defendant may ask to speak to an attorney and an officer may allow it to happen, but it is not a legal requirement. Normally, for the first time, it is best to take a breathalyzer test since the administrative penalty is far greater the possible criminal penalty. For a second time or greater, the Defendant may consider in declining the test since the criminal penalties outweigh the administrative penalty.

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