Not Read Miranda Rights DUI Georgia

Not Read Miranda Rights DUI Georgia
If you have ever watched a crime show or movie, chances are you have heard the Miranda Warning. “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney…” Before an officer can question a suspect after making an arrest, this warning must be read. If you have been arrested for driving under the influence (DUI) in Georgia and the officer did not read your Miranda rights, your statements may be inadmissible in court, strengthening your defense.

Many people do not realize that statements made before an arrest can be used in court, even if their Miranda rights are not read. This means that if the officer asks you during a traffic stop how much you had to drink, your answer can be used against you. A good rule of thumb is to answer only questions about your name, address, and insurance. You can politely decline to answer any other question.

After your arrest, if you volunteer any information, these statements are admissible in court without a Miranda Warning. If, however, the officer intends to question you after your arrest, he or she must first read you your Miranda Warning. If the officer questions you without reading your Miranda rights, your answers cannot be used against you.

The officer must also make sure that you understand your rights. If a DUI suspect is not an English speaker and did not understand that he or she has the right to remain silent, a lawyer may move to suppress any statements the suspect made.

Determining when the actual arrest was made and whether you were answering the officer’s question is important. Your lawyer may review the video and audio recordings to determine if your Miranda Rights were violated.

Please contact the top DUI lawyers at Head, Thomas, Webb and Willis today by filling out our online case evaluation form or calling our 24-hour phone number for a FREE consultation. We provide our clients with a copy of The DUI Book, which explains your Miranda Rights in detail as well as potential defenses for your DUI case as well as a FREE license appeal letter to contest your immediate suspension.

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