I wasn’t read my miranda rights, can I have my case dismissed?”

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“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.

“These videos explain how we will fight against your DWI charges:”

Challenge the Initial Motor Vehicle Stoppage
Challenge the Field Sobriety Tests
Challenge the 20 Minute Observation Period
Challenge the Alcotest 7110 machine itself

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With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation. With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

Learn More About How to Fight Your Charges

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

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