Will it help a suspicion of DUI charge if my husband was not read his Miranda Rights? 1 Answers as of November 14, 2014

My husband was stopped in Nevada for speeding but then the cop right away said he was not going to charge him of speeding (he was driving less than 10 mph over the limit) but then the officer asked him if there was marijuana in his system because he could "slightly" smell it. My husband told him the truth and said yes I had smoked about 4 hours ago but he no longer was under the influence
. The officer asked him to step outside the car and began doing DUI tests and when he failed one (out of coffee jitters and nervousness) the officer arrested him without reading his Miranda Rights. Would this simple mistake of not reading his rights be able to help his case? He was taken in for suspicion of DUI and they did a blood test but as of now we do not know if the THC levels in his blood stream were more than the legal 10 nanograms of THC per blood levels.

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Law Office of James E. Smith
Law Office of James E. Smith | James Smith
Don't need Miranda rights if there is no interrogation.
Answer Applies to: Nevada
Replied: 11/14/2014
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