Arrest for Public Intoxication
A 19 year old (underage) was
arrested and taken to jail for public
intox and a ticket issued with a fine
of $350. The only field sobriety test
done was a vision test with an ink
pen and no rights were read to him.
Should he have been read rights prior
to arrest?
1 Answer from Attorneys
Re: Arrest for Public Intoxication
When a Defendant is arrested, the police do not have to read the Defendant's rights to him. If the police do no ask the Defendant any questions it will make no difference if any rights are read or not.
If the Defendant is in custody and subject to interrogation from the police and no rights had been read to the Defendant before such questioning, then any statements made by the Defendant will be suppressed. That means the statements cannot be brought up at trial. However, it does not mean the case automatically gets dismissed.
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