In the context of a drunk driving arrest, there are really two sets of rights that should be read to a suspect by the police; the Miranda rights and the chemical test rights. The Miranda rights are the rights that most of us are familiar with, and address your right to speak with an attorney before questioning. A reading of the Miranda rights will include an affirmative statement by the police that what you say can be used against you in Court.

Usually, the answer is no. Police are only required to read you Miranda warnings if you are placed into custody and then questioned. See similar questions...

Probably not. But if you were interrogated after being placed in custody, those statements cannot be used against you. See similar questions...

Perhaps. The police are only required to read you your "Miranda Rights" if you are actually “in custody” and are a suspect in the crime that they question you about. Failure to advise you of your rights does not automatically result in a dismissal of the charges or your statements being suppressed. See similar questions...

No. However, the state might be prevented from using any evidence collected after the failure to read you your "Miranda Warnings". It is important that you hire a good attorney that is knowledgeable about this area of the law. See similar questions...

Probably not. Not being properly advised of your Constitutional rights may have consequences that will impact the ultimate outcome of your case, but the mere fact that you were not properly advised does not mean your case is automatically dismissed. It is an issue that should be brought to the attention of your attorney so that appropriate legal remedies can be sought. See similar questions...

Failure to advise you of your Miranda rights does not automatically result in dismissal of the case against you. It is possible to get your statements thrown out in certain circumstances, but you should discuss the facts of your case fully with a knowledgeable and experienced criminal law attorney at Paul J. Tafelski, P.C. Contact us today. See similar questions...

Miranda v. Arizona is a famous case in which the United States Supreme Court held that before a confession is admissible in court against a suspect, (1) the police must have informed the suspect that he has a right to counsel and to remain silent, and (2) that the suspect must have intelligently, knowingly and voluntarily waived those rights. However, this only applies to custodial interrogation. See similar questions...

The police have to read you your Miranda rights if they intend to question you after you are in custody. If they don't do that after your arrest and before questioning you, evidence the police obtained from your statements and the statements themselves might be excluded at trial. Although most DUI cases are based upon scientific evidence, such as a breath or blood test, a skilled DUI defense attorney can determine whether a motion to exclude evidence is warranted in your case. See similar questions...

WCCA is a mirror of the historical record in the Clerk of Court's office. As a historical record, it shows what has happened in every case filed. If a case is dismissed, or a person is found "not guilty" in a criminal case, that is part of the historical record and is disclosed in the records. See Question #1 for case retention information. See similar questions...

I received today a notice of entry of order re: discharge of my bankruptcy (Ch13) for failure to make timely payments. I have missed two payments and I'm in my fourth year of paying. All payments to the secured creditor and IRS have been made but payments were still being paid to unsecured creditors. See similar questions...

Answer: Many people are under the mistaken belief, a mistaken belief, that the police must always read people their Miranda rights any time they make a DUI arrest. Unfortunately, however, there is no automatic requirement that the DUI officer read you your rights as part of every Orange County DUI arrest. The Miranda rights are only required when both (1) you've been placed under arrest for an Orange County DUI and (2) the DUI officer continues to interrogate you. See similar questions...

Most likely, no. As discussed above, reading your rights is not necessary for a lawful arrest. However, if you were "interrogated" (legal term with a legal definition) after being placed in "custody" (another legal term with a legal definition), your statements may not be admissible at your trial, which can lead to a dismissal of your case. See similar questions...

Potential defenses in a given Louisiana drunk driving case are almost limitless due to the complexities of the offense. Roughly speaking, however, the majority can be broken down into the following areas: Driving. Intoxication is not enough: the prosecution must also prove that the defendant was driving. This may be difficult if, as in the case of some accidents, there are no witnesses to his being the driver of the vehicle. Probable cause. See similar questions...

A dismissal order ends the case. The dismissal order removes the automatic stay that may have been in effect, which prevented a creditor from collecting on a debt or taking other actions against the debtor and the debtor's property. Debts that are discharged prior to dismissal are not affected by the dismissal order, unless the discharge order was revoked. See similar questions...

The officer is supposed to give a Fifth Amendment Miranda Warning after he arrests you. Sometimes, however, they do not. If they fail to give you a Miranda Warning, the consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest. Agreed, it is completely unfair. See similar questions...

There are advantages and disadvantages to hiring "local" counsel. The advantage of course is that presumably the local lawyer will know his or her "way around the courthouse" better than an "out-county" lawyer. Such familiarity will help you feel at ease because you'll see (hopefully) the court staff responding positively to your attorney. It will also help you feel at ease when the judge greets your lawyer warmly by name. See similar questions...

You can call us for one, or short of that you can go to a law library (at courthouses and law schools) and research DWI law and blood-alcohol analysis. See similar questions...