The officer never gave me a Miranda warning: Can I get my case dismissed?
No. The officer is supposed to give a 5th Amendment warning after he arrests you. Often, however, they do not. The only consequence is that the prosecution cannot use any of your answers to questions asked by the police after the arrest. Of more consequence in most cases is the failure to advise you of the state's implied consent law. This can affect the suspension of your license.
Questions
- How do I pick a good DUI defense lawyer?
- What can a good DUI defense lawyer do for me?
- What do police officers look for when searching for drunk drivers on the highways?
- Do I have a right to a lawyer when I'm stopped by an officer and asked to take a field sobriety test?
- What is the officer looking for during the initial detention at the scene?
- Should I agree to take a breath test?
- Do I have a choice of chemical tests?
- The officer never gave me a Miranda warning: Can I get my case dismissed?
- What is the criminal punishment if I am convicted of DUI?
- What is a sentence "enhancement"?
- What is a deferred prosecution?
- What is an ignition interlock?
- What are the licensing consequences if I take the BAC test or refuse the test?
- Do I have the right to an Administrative Hearing before my license is suspended?
- Can I get a temporary license if I’m suspended?