What do I do if I feel I was given sobriety tests that were improperly executed and I was not mirandized?

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What do I do if I feel I was given sobriety tests that were improperly executed and I was not mirandized?

There were other actions involving my case that were not up to code (i.e. didn’t receive a shower or toothbrush for 2 days along with more). I was curious how I should go about presenting my argument in the courtroom. My case is next month and I am already preparing to sit in a courtroom with the judge who will be ruling over my case to get a feel for how he/she runs their courtroom.

Asked on March 27, 2012 under Criminal Law, California

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

If you have proof the sobriety test was improperly given, it may be a defense to get the evidence suppressed. Miranda rights only attaches when you were interrogated and you gave a statement to the police. If not then Miranda does not protect you. You should get a criminal defense attorney to help you with these.


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