Q: I was never read my Miranda rights, but that is not in the police report. How do I prove that I wasn't?
Or do they have to prove that they did read me Miranda rights?
A: They do not have to Mirandize you at all. If they do not, they cannot use your statements during a custodial interrogations against you in court. So, if you were interviewed while in custody, they can't use what you said.
A: Miranda advisements must be read prior to a custodial interrogation. They do not generally need to be read during a routine traffic stop, at least not before a person is placed under arrest. An experienced OVI attorney would obtain a copy of any video of the incident, if available, and evaluate whether they advisements were read and whether custodial interrogation did occur. If so, that attorney could move to exclude statements made while in custody.
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