One of the most common questions asked after a DUI arrest is whether or not a case can be dismissed due to the failure of the arresting officer to read an individual their Miranda Rights. Please continue reading to learn how an officer’s failure to give a Miranda warning can impact the outcome of your case and why connecting with our determined Bergen County DUI Attorneys is in your best interest.
When Are the Police Required to Read a Miranda Warning?
In New Jersey, police officers are only required to read an individual their Miranda rights if they are in custody and being questioned by law enforcement. Essentially, they are only legally obligated to do so right before conducting a custodial interrogation. This means if a person is in custody, meaning they are not free to leave, the police are required to read an individual their Miranda rights to ask them any questions and use their responses as evidence during a trial. Miranda rights are constitutional rights that protect individuals from self-incrimination under the Fifth, Sixth, and Fourteenth Amendments. Nevertheless, general field inquiries or voluntary responses to the police when you are not in custody can be used against you in court. The standard Miranda warning will include the following:
- You have the right to remain silent
- Anything you say can be used against you in a court of law
- You have the right to an attorney during questioning
- If you cannot afford an attorney, one will be appointed to you by the court
- If you choose to answer questions without an attorney present, you have the right to stop responding at any time
If the police fail to read you your Miranda rights before questioning you, any statements made could be deemed inadmissible as evidence in court. However, there are some exceptions. For instance, if you make a statement that is not in direct response to a question, the statement may still be admissible.
Will My DUI Case Be Dismissed If I Wasn’t Read My Miranda Rights?
Being read your Miranda rights is intended to ensure that you are aware of your rights and that you are not coerced into incriminating yourself with statements after the fact. As such, a failure to Mirandize you will not automatically allow you to beat your charges. However, an officer’s failure to read an indivduals Miranda rights will result in the prosecution being barred from using anything a suspect said or did as evidence during trial. This can increase your chances of achieving a favorable outcome as the prosecution may not have sufficient evidence to prove your guilt beyond a reasonable doubt.
It’s important to understand that Miranda warnings rarely apply in the context of drunk driving cases because the police may not need questions to prove their case. An officer may intentionally refrain from arresting a suspect to get them to incriminate themselves. If the police don’t interrogate a suspect and they simply use their observations like the driver was swerving in and out of lanes or a chemical test revealed their BAC was above the legal limit as evidence, they are not in violation of a Miranda warning. But if the police officer did interrogate a suspect without first providing a Miranda warning, this is in direct violation of their constitutional rights which means any infromation obtained is not admissible in court.
Although an officer’s failure to Mirandize you doesn’t mean you necessarily beat your case, it can maximize your chances of achieving reduced or dismissed charges. If you have been charged with DUI, please don’t hesitate to contact an experienced attorney from The Law Office of Carl Spector today who can challenge illegally obtained evidence to help you avoid harsh penalties.
