Legal Question in DUI Law in Nebraska

Re: DUI arrest rights

The wrong name on the ticket won't prevent prosecution. It was delivered to your son, and I assumed signed by him, so he is on notice that he is the person charged. He may have his name changed to his real name through a motion filed with the court, or at arraignment. A person is entitled to a rights advisory only if they are subjected to "custodial interrogation." Unless your son was arrested, or otherwise not free to leave when the questions were asked, Miranda and the rights advisory don't apply. Also, the remedy for a Miranda violation is the suppression of the statement and any evidence that is obtained as the result of the statement as evidence. So if your son made an incriminating statement, which led police to evidence of a crime, that evidence and the statement can be suppressed if the statement was made while in custody in response to interrogation. If the state can prove its case without the evidence suppressed, the prosecution may continue.

He should consult an attorney experienced in DUI cases regarding the breath tests. He is very close to the legal limit, and the accuracy of the tests and their timing will be very important to how this case turns out.

Bill Jones