Kingston, NH asked in DUI / DWI, Civil Rights, Constitutional Law and Gov & Administrative Law for New Hampshire

Q: Once bookd at the pd for arrest if the cops let me read the miranda right aloud not them to me is that possible dismis

Was arrested for refusing breathalyzer, after passing field test. While being booked at the station, the officer started to read the miranda rights and I forget why I said, do u want me to read it? I think it's because he was flopping over words and with masks I cant hear him well anyways. He let me read myself my own miranda rights and I did so out loud. (State of nh) is this allowed, or is it tech like they never read me my rights. Because tech I did. Or it doesnt matter as long as they gave me the sheet to read the rights in some way?

1 Lawyer Answer
Leonard D. Harden
Leonard D. Harden
Answered
  • Criminal Law Lawyer
  • Lebanon, NH
  • Licensed in New Hampshire

A: This is a commonly asked question. I have answered it in a FAQ on the internet. http://nhcriminallaw.com/frequently-asked-questions/

Here is the law a about Miranda:

What if the police don’t read me my rights?

This is one of the most commonly asked questions.

The failure to read rights may not make any difference to your case. The importance of being read your rights depends on whether a person is in custody. In other words if the police ask you questions and you answer them but you are not in custody it is considered voluntary and may be used in court against you. If you are under arrest or in custody any statements you make in response to questions may be suppressed and kept out of court. Failure to have your rights read to you does not mean that you will automatically win your case. The Miranda rights are intended to protect citizens who are under arrest from making incriminating statements.

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