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Category: Traffic Law
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If I was arrested for DUI in Phoenix Az does it matter if the

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If I was arrested for DUI in Phoenix Az does it matter if the officer never read me my Miranda Rights?
Welcome to JustAnswer. Sorry to hear about your DUI arrest.

(1) Because of TV and movies Miranda rights are probably the most misunderstood thing in the criminal justice system. Miranda rights are only required prior to a custodial interrogation. In normal speak that means the police have to advise you of your Miranda rights if they question you while you are under arrest.

Most often the police do not question DUI arrestees, but sometimes they do. If they did question you after your arrest without advising you of your rights, that is likely a Miranda violation. When a Miranda violation occurs the remedy is not to dismiss the case. The statements made to police in violation of Miranda are suppressed/excluded and cannot be used by the government in their case in chief.

(2) There are many good and bad public defenders, as well as, good and bad private attorneys. I cannot tell you how many times I have seen someone who had a good public defender hire a less competent private attorney.

I encourage you to go ahead and meet with the public defender and see if it is someone you feel comfortable with. If so, use him/her. If not, interview private attorneys until you find one who appears to be diligent and intelligent.
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