Do they still have to read my rights to me to take me to jail and could I get it dismissed if they didn't do so? 8 Answers as of April 02, 2014

I was arrested for DWI, admitted to drinking, taken to jail but wasn’t read my rights even after admitting.

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Universal Law Group, Inc. | Francis John Cowhig
Although an officer should read you your Miranda rights when you are arrested, it is not absolutely necessary as long as you are not questioned about the crime for which you were arrested or were detained during the questioning. Miranda only acts to suppress any statements you gave the police after you are arrested or detained. It does not invalidate an arrest.
Answer Applies to: California
Replied: 4/2/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
They only have to read you Miranda if AFTER arrest they want to interrogate you. If they don't read the rights then what you say can be kicked out of court. However if they do not need those statements to convict you it will not make any difference.
Answer Applies to: Michigan
Replied: 4/2/2014
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
While it is the preferred practice to read someone their Miranda rights if those rights are not read any statement made by you could be suppressed but other non-verbal evidence could still be admitted. You should talk to an attorney skilled in representing persons charged with DUI as soon as possible.
Answer Applies to: District of Columbia
Replied: 4/2/2014
Hudson Bair | Hudson Bair
You need to speak to a DUI defense attorney in your area. The fact that you were not read your rights may result in certain statements being excluded from the prosecutions which could be a good thing, under certain circumstances. It usually is not fatal to the prosecution's case against you.
Answer Applies to: California
Replied: 4/1/2014
The Rogers Law Firm
The Rogers Law Firm | Andrea Storey Rogers
No. The police don't have to read you your rights, even if they arrest you and take you to jail. This is not a basis for dismissal.
Answer Applies to: Missouri
Replied: 4/1/2014
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