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J.Hazelbaker, Lawyer
Category: Criminal Law
Satisfied Customers: 4385
Experience:  Extensive training and experience in criminal law matters, both prosecuting and defending.
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Are Miranda rights still required in the state of Illinois

Customer Question

Are Miranda rights still required in the state of Illinois when being arrested for a DUI
Submitted: 4 years ago.
Category: Criminal Law
Expert:  J.Hazelbaker replied 4 years ago.

J.Hazelbaker :


J.Hazelbaker :

Anyone arrested in any U.S. state must be mirandized upon arrest, even for DUI.

J.Hazelbaker :

If you are not mirandized, any statement or evidence taken after the point of arrest can be suppressed through a motion to suppress.

J.Hazelbaker :

Please let me know what follow-up questions you have. If my above responses have been helpful, please click Accept so that I get credit for the time/effort. You may always restart the thread and ask follow-up questions at any time by clicking the “Reply” button at the bottom of the question/answer thread. You can access this thread later in your profile under the “My Questions” tab.

JACUSTOMER-ykki9t4k- : How do I prove I wasn't mirandized? I know for certain that I wasn't, but my friend told me they will say they did and say I was past the point of intoxication and just don't, how do I prove I wasn't
J.Hazelbaker :

You need to request the in-car video from the arrest as well as the police report. The are supposed to document the stop, arrest, and interaction in video/audio and with a written statement, to the extent possible. That is the only way you can prove it other than witness testimony (assuming the officer will not tell the truth on the stand when asked).