What is the officer looking for during the initial detention?
The officer never gave me a Miranda warning. Can I get my case dismissed? No. The officer is supposed to give a Miranda warning after one is arrested. A police officer will often delay the arrest decision in order to allow one to make numerous incriminating statements. Only when and if one can prove that incriminating statements were made after the arrest could such statements be suppressed. Am Indiana DUI Attorney will always point out that a suppressed statement does not equal dismissal as field sobriety testing and chemical test results do not fall within the Miranda warnings. Of more consequence is evidence that an officer did not properly read and advise a suspected drunk driver of Indiana’s “implied consent” law. That is your legal obligation to take a chemical test and the consequences of a refusal. If that is the case we may more positively attack the nature of an alleged refusal and the course of conduct of an arresting officer.
Related Questions
- What is a Missouri police officer looking for during the initial detention investigating DUI / DWI at the scene of the stop?
- What is the officer looking for during the initial detention at the scene of a possible DUI arrest?
- What is the police officer looking for during the initial detention at the scene?
