I Wasn't Read My Miranda Rights. Can My Case Be Thrown Out?

One of the most common questions we get asked is whether or not a case can be dismissed due to the failure of the arresting officer to give a "Miranda Warning". Most people are familiar with the need for the police to warn someone arrested for a criminal offense that anything they say may be used against them in evidence, that they are entitled to a lawyer, and advised to remain silent. We know this because we have seen cops on TV arresting the bad guys and informing them of their "rights".

Miranda v. Arizona is a 1966 case that says that a defendant's responses to police interrogation are not admissible against him unless he has been first advised of his right to counsel and his right against self-incrimination, and waived them both. The courts have further held that these rights are applicable only to suspects who are in "custody" as a protection against police coercion. The test of whether a person is in custody is an objective test depending on the circumstances.

The problem in DUI cases is that a suspect is normally stopped for an infraction and then asked questions such as "have you been drinking" prior to an arrest. The courts have held that a person stopped for a traffic offense is "detained" but not in custody. For this reason, courts have routinely admitted statements made at the scene of a traffic stop despite the lack of "Miranda warnings" in a DUI case. In any event, the most important evidence in a DUI case is not normally the defendant's own comments, but the field sobriety tests and the blood or breath test results. This evidence cannot be suppressed for failure to give Miranda warnings as it is not considered communication.



What If I Wasn't Read My Miranda Rights?

We Could Tell You Why You Should Hire Us, But Our Clients Say It Better

  • Gold & Witham will work hard for you, and they will also ensure you work hard for yourself in order to achieve the best results.

    5 5 1

    Shannon

  • Personal service with results...I highly recommend Gold & Witham and their approach to helping their clients.

    5 5 1

    Anonymous

  • FANTASTIC results!!! I could not be happier with these results.

    5 5 1

    Anonymous

  • Kept me free and gave me back myself!

    5 5 1

    Anonymous

  • Because of you I am still sober, and I live a whole new life!

    5 5 1

    D.W.

  • You probably saved my son’s life, if not literally, at least figuratively.

    5 5 1

    D.S.

  • Best DUI defense in town.

    5 5 1

    Anonymous

  • I know you are the best in your field.

    5 5 1

    C.M.

  • I admire your perseverance and dedication!

    5 5 1

    S.P.

  • Your expertise and professionalism is greatly appreciated.

    5 5 1

    L.S.

  • You have gone that extra step, each step of the way, to explain, educate and inform.

    5 5 1

    B.S.

  • Thanks to Gold & Witham, I'm a free man.

    5 5 1

    E.C.

  • I will whole-heartedly recommend you.

    5 5 1

    T.L.

  • Thank you for all the positive things you have done.

    5 5 1

    N.K.

  • I now have a greater understanding of the legal system.

    5 5 1

    R.M.

  • You helped me make a very informed and important decision.

    5 5 1

    G.C.

  • I felt I had a winner and a winner we stand in this difficult case.

    5 5 1

    R.K.

  • I feel fortunate that I came out as well as I did and I do not take it for granted.

    5 5 1

    H.G.

  • Thanks to your help and guidance and our hard work, we made it happen!

    5 5 1

    M.S.

  • Thank you for your expert representation and guidance.

    5 5 1

    C.W.

  • I could not have hoped for better management of the whole matter.

    5 5 1

    J.C.

  • If you need a reduced sentence, this works.

    5 5 1

    Anonymous

  • Professionalism at its peak.

    5 5 1

    Anonymous

Prev Next

Our Philosophy

  • Work Directly With Mr. Gold And Mr. Witham

  • Always Be Up To Date On The Status Of Your Case

  • Have An Experienced Legal Advocate On Your Side

  • Have Emails And Phone Calls Answered Promptly

  • Have 24/7 Emergency Support

Our Proven Methods

Will Be Your Peace Of Mind

Don't wait to get the representation you need today. Fill out the form below to get started with a free case evaluation.

  • Please enter your name.
  • This isn't a valid phone number.
    Please enter your phone number.
  • This isn't a valid email address.
    Please enter your email address.
  • Please make a selection.
  • Please enter a message.
Get Started