Legal Question in DUI Law in California

Miranda Rights Violations

Two tourists in California pull over on the side

of the road to change drivers and coordinate directions. Local police drive up, both drivers are out of the car, but the car is running. One tired tourist is arrested for DUI. No Miranda rights were

given at any time. No opportunity to make a phone call or get an attorney was allowed. Can any evidence

be suppressed because the Miranda Rights were not given?


Asked on 12/05/01, 10:38 am

1 Answer from Attorneys
Wes Ball Wes Ball Law

Re: Miranda Rights Violations

Miranda is required to be read to an individual that is in custody and is being questioned by police. Failure to read Miranda in these circumstances should result in any statements the in custody individual makes being ruled inadmissable at trial. However, failure to read Miranda to a suspect or individual in custody does not have the effect of rendering any evidence other than statements inadmissable, nor does it prevent the filing of charges.

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Answered on 12/10/01, 5:32 am


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