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My friend got a DUI last night and passed all the road sobriety tests and stuff but blew over. He is considering getting an attorney to get a plea bargan or something to reduce the charges.. But do they have to read you your Miranda Rights when they cuff you and put you in the car? because the officers didnt. so could the charges potentially be dropped completely? What should my friend do?

Best Answer :

no, this is one of the exceptions of the miranda warning as when it involves public safety any information obtained can be used in a court of law.
The rule of Miranda is not, however, absolute and an exception exists in cases of “public safety.” This is a limited and case-specific exception to the general rule of Miranda which allows certain unadvised statements (given without Miranda warnings) to be admissible into evidence at trial when they were elicited in circumstances where there is great danger to public safety

Other Answer(11) :

The idea that an officer not reading someone their rights will mean that all charges can be dropped is a complete and total myth.

For an officer to need to consider reading you your rights, 2 things have to be in place, 1) you either need to be in custody or being detained and 2) the officer must be questioning you regarding the issue that he suspects you of having committed.

There are many times that the officer has all the evidence he needs to proceed, i.e. in your friends case, your friend blew over, the officer has the results of the breathalyzer test, he did not need to question your friend with regards to the DUI, therefore he didn't need to read him the Miranda warning.

Even if the officer didn't read his the Miranda warning, the only thing it would do is give your attorney the ability to suppress any statements you made that were incriminating. It certainly doesn't mean that the charges are dismissed.

Your friend should hire an attorney and discuss the merits of the case with him/her.

Your friend should face the consequences as what he did was wrong and selfish. The ONLY time you are required to be read your rights are when you are under arrest AND being questioned for the crime you are suspected of committing. In most cases people are never read their rights. You can go through the entire process from detainment to sentencing and never once have your rights read to you.

Even if his rights were required to be read the charges would not be dropped, the only thing it would impact is any testimony he made during questioning could not be admissible in court. It has no bearing on your charges.

An officer does not have to give the Miranda Admonishment unless he intends to use in court the statements made by the "arrested" suspect. Anything said before an arrest is made does not require Miranda, and only if the officer intends to question the suspect after arrest. If the officer is not going to question the suspect, the officer is not required to read the miranda.

In your friends case, I would guess he made enough incriminating statements before his arrest to convict him, and the breath analyzer is all that is needed after arrest.

No, the police will juet tell that you are under arrest due to DUI violation. And it is not the case where you can reduce the length of punishment because the court will go by the violations that you made and not what police missed or omits..

Police don't ever have to read your Miranda rights. In certain circumstances, they would not be able to use any statements you make without having done so, but that doesn't mean an arrest will be dismissed simply for failing to read the rights.

Miranda only helps against self-incrimination. If the police aren't questioning him, they don't need to read him his rights. They already have the results of the test, which should be enough for a conviction.

Only if they question you.

Most officers will not question a suspected DUI.

You do not need your Miranda rights read at a DUI stop because by accepting a license to drive a car you have consented to those tests.

At best, his statements up until now will be inadmissable in court. Miranda warnings are put in place to protect the 5th amendment, not to give criminals an opportunity to get away without answering for their transgressions.

No, the police do not have to read a person their Miranda Rights when they arrest a person. That's a Law & Order myth

No, just when you are under custodial interrogation.

Yes, they have to unless you decide to waive them.

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