When a police officer first encounters a motorist and suspects that they are under the influence of alcohol or drugs, the police may question the motorist while conducting their initial investigation. The police may be able to lawfully gather information from you at this early stage of their encounter with you and not have to have given to you your Miranda Warnings.
Once the police officer has the motorist in custody or under arrest they do not have to inform the person of their Miranda rights UNLESS they intend to interrogate or question the person. Therefore, if there is no request by the police to take a statement from the motorist, then there is no requirement for the police to read to you your Miranda rights and your arrest is not invalid because of the police officer’s failure to read you these warnings.
However, when the police question a motorist while in custody the law requires that the police clearly advise you of your Miranda rights. If the police officer does not give the Miranda rights as prescribed by law then any statements given by the suspect to the police can be suppressed (not permitted to be used against the person) by the judge at a trial.
There is a very subtle legal analysis that our attorneys go through in defending each and every case to determine the best and most creative way to defend our client’s cases. If there are statements that were given by you to the police that may be detrimental to your case, we will make every legal effort to get those statements suppressed.
The following are your Miranda Warnings:
1. You have the right to remain silent and refuse to answer questions. Do you understand?
2. Anything you do say may be used against you in a court of law. Do you understand?
3. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future. Do you understand?
4. If you cannot afford an attorney, one will be appointed for you before any questioning if you wish. Do you understand?
5. If you decide to answer questions now without an attorney present you will still have the right to stop answering at any time until you talk to an attorney. Do you understand?
6. Knowing and understanding your rights as I have explained them to you, are you willing to answer my questions without an attorney present?
These warnings should be told to you prior to the police questioning you, if you are already in custody.