I wasn’t read my miranda rights, can I have my case dismissed?”
Videos on “How To Get out of DWI Charges” are Listed at the Bottom of This Page:
“The police officer didn’t read my miranda rights after he pulled me over. Can I get my DWI case dismissed?”
Answer: No. This is an unbelievably common question, and I think it’s a result of too many people watching TV in order to learn about the legal system.
Being read your miranda rights is intended to make sure that you are aware of your right to remain silent. Let’s examine a hypothetical situation which failing to remain silent could end up securing a conviction against you:
Let’s say you were just arrested for DWI in New Jersey, you’re drunk in the back of a police car, and the officer strikes up a conversation with you. At the time, considering your situation, you might feel like it doesn’t hurt to make a friend out of the arresting officer, so you happily engage.
After talking about sports for a little while, he asks you what you were drinking, how many drinks you had, if you smoked any marijuana during the evening, or any other number of questions which could seem completely normal in the course of a regular conversation. If you admit to using drugs, and you admit to being drunk, that information can and will be used against you in a court of law… at least it can if you have been read your miranda rights.
If the officer did not inform you of your right to remain silent, then any of the statements that you made can be thrown out and can not be used against you in court.
People don’t typically know what their rights are, and often times they get themselves into trouble by being influenced by the police officers at hand. Many times, people are coerced into consenting to searches that they have the right to refuse because they are not made aware of that right.
Being read your miranda rights is simply a way for the State to guarantee that you are aware of your right to remain silent so that you are not “coerced” into convicting yourself with statements after the fact. It has nothing to do with your arrest, and failure to mirandise you will not allow you to beat your charges.