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Why an Arresting Officer?s Failure to Give Miranda Warnings Will Not Result in a DUI Case Being Dismissed

By Walin & Klarich

Tips From a DUI Attorney Miranda warnings are intended to prevent overreaching by law enforcement in situations that are deemed inherently coercive. This specifically applies to those law enforcement encounters in which there is a ?custodial interrogation.? An encounter will be deemed a custodial interrogation where: defendant is not free to leave or terminate the encounter, and law enforcement is directly questioning the defendant in a manner designed to elicit incriminating information. Unfortunately for DUI defendants, the California courts are in agreement that Miranda does not apply to questions asked of DUI suspects in a typical California DUI arrest scenario. The courts have ruled that questions asked of DUI suspects in a DUI case are asked before the defendant is in custody for Miranda purposes...continue to full post

Full post as published by Southern California Criminal Defense Blog on August 10, 2009 (boomark / email).