QUESTION
Must a police officer mirandize for an OWI arrest?
Asked on Jul 07th, 2013 on DUI/DWI - Missouri
More details to this question:
I was arrested for OWI and never mirandized, is this something I can use in my favor in court? Also, are there any questions of accuracy for police radar units?
8 ANSWERS
Michael J. Breczinski
No they do not have to Mirandize anyone unless after the arrest they want to question the person. This applies to all crimes.
Answered on Jul 10th, 2013 at 7:29 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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What you ask may be beyond your expertise. You might consider hiring an attorney.
Answered on Jul 09th, 2013 at 11:58 PM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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Miranda rights only need to be given if the police intend to question you while you are in custody. If no interrogation takes place, Miranda rights are not required. Please feel free to contact me for a free consultation.
Answered on Jul 09th, 2013 at 11:55 PM
Criminal Law Attorney serving Melrose Park, IL
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The Law Offices of Carlos H. Davalos
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Yes it can help you, but he need not mirandize you under some circumstances. And yes, no machine is flawless. There can also be questions about the person using the radar unit, and his training.
Answered on Jul 09th, 2013 at 11:53 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Miranda is generally required only if the officer is going to question you. If you are simply arrested, Miranda may not be necessary. I would need to know more about your case and what the officer reports say. As far as radar unit accuracy, yes, there are things to look for. It can be relatively complex. I would advise you to employ the services of an attorney. There is a lot at stake.
Answered on Jul 09th, 2013 at 11:31 PM
Miranda only has to be read when there is post-arrest interrogation. Most cops are trained to get everything they need out of your mouth prior to cuffing you, so Miranda rarely applies.
Answered on Jul 09th, 2013 at 11:29 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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This is probably not a California question since we don't have OWI. But, most states interpret Miranda as applying to post-arrest statements which in the context of a DUI arrest are made during the pre-fst investigation phase which under most circumstances is before you are arrested. You should discuss the facts of your arrest with a DUI defense attorney to determine if Miranda applies (or other defenses) to the specifics of your arrest.
Answered on Jul 09th, 2013 at 11:03 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You or your attorney should bring that up. The police must give you a Miranda warning before questioning you after arresting you. You can also get the records of how the radar gun was calibrated and handled.
Answered on Jul 09th, 2013 at 10:10 PM