What do I do if I feel I was given sobriety tests that were improperly executed and I was not mirandized?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.