Regardless of the crime, when a person is placed in police custody, meaning an official arrest occurs, an officer must read that person their Miranda Rights. The failure of an officer to read your rights prior to any questioning, anything said, including a confession, can be thrown out of the case. The case may be dismissed if the state does not have enough evidence to prove a person’s guilt beyond a reasonable doubt. As such, those who’ve been charged with driving while under the influence (DUI) often wonder whether an officer’s failure to read them in means they will automatically win their case. Please continue reading to learn how an officer’s failure to Mirandize you can impact your DUI case and how our skilled Bergen County DUI Attorneys can help you today.
When is a Miranda warning required in New Jersey?
If a person is in custody, meaning they are not free to leave, the police must read an individual their Miranda rights to ask them any questions to use the answers as evidence during a trial. Your Miranda rights indicate that you have the right to remain silent if you do or say anything that can be used against you in a court of law, you have the right to have an attorney present during any questioning, and if you cannot afford an attorney, one will be appointed for you by the court. However, if an individual is not in police custody, anything they say or do can be used as evidence at trial.
Can a DUI case be dismissed if Miranda rights aren’t read?
While many people believe that if they’re arrested and an officer does not read their rights, they can escape punishment, that is not the case. Although this does not mean your case will be dismissed, an officer’s failure to read a suspect’s Miranda rights will result in the prosecution being barred from using anything a suspect said as evidence during trial.
With DUI cases, the police may not always be required to read a suspect’s Miranda Rights. As mentioned above, these rights inform individuals of their rights before any interrogation occurs. However, the police may choose not to arrest an individual to get the suspect to incriminate themselves. If the police do not interrogate a suspect and they use their observations like a suspect was swerving in and out of lanes or a chemical test revealing their BAC as evidence, they’re not in violation of a Miranda warning. On the other hand, if the police interrogate a suspect without first providing a Miranda warning, this violates their constitutional rights. Any information obtained this way cannot be used as evidence against them in trial.
Ultimately, an officer’s failure to Mirandize you does not mean that you automatically beat your charges. However, it can increase your chances of achieving a favorable outcome as the prosecution may not use specific evidence against you for a conviction. If you’ve been charged with DUI, it is in your best interest to contact a talented attorney from The Law Office of Carl Spector, who can challenge illegally gained evidence and admission to help you win your case and avoid harsh penalties.
