QUESTION

video evidence

Asked on Jul 25th, 2013 on DUI/DWI - Florida
More details to this question:
arrested for dui. in toxicology room the police officer who was a military veteran like myself started conversation. they are now going to use the video tape of our talk against me. i was never read my miranda rights, and never told i was being taped. is this admissable evidence.
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1 ANSWER

Personal Injury Attorney serving South Pasadena, FL at The Law Offices of Charles D. Scott PLLC
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The video in the intox room is intended to prove that the breath test was administered according to the established rules and procedures. For example, was there a 20 minute observation period?, were you offered a breath test?, did you refuse the breath test?. Anything you may have said in the form of admissions could be used against you.  Miranda applies to interrogation, questions such as "have you been drinking?", how many drinks have you had?", etc.  The video in the intox room may have admissible evidence recorded.  A lawyer could file a motion to suppress evidence if you were being questioned and not read your Miranda rights. If all that happened is that you were shooting the breeze with the officer, probably not any interrogation taking place and as such no need to read Miranda, and nothing harmful on the video. The case law says that you don't need to be read Miranda before taking a breath test because it is not interrogation,  and your are not entitled to a lawyer when making the decision to take or refuse the breath test.
Answered on Jul 25th, 2013 at 5:02 PM

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