Dandridge, TN asked in DUI / DWI, Civil Rights and Criminal Law for Tennessee

Q: If you are arrested for DUI doe you have to be read your rights? If you request your medical Power of attorney and they

Ignored my multiple requests, doesn’t that violate my rights?

2 Lawyer Answers
Anthony M. Avery
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Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Fifth Amendment has to do with self-incrimination, so if the State does not use your statements as evidence, the other proof may convict you. Apparently you talked too much. And the LEO's do not have to talk to your attorney in fact, or even your attorney.

Jay Moreland
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Jay Moreland
Answered
  • Criminal Law Lawyer
  • Nashville, TN
  • Licensed in Tennessee

A: Police only have to read you your rights (Miranda rights) if they intend on questioning you after your arrest. Once you are detained, the officers should mirandize you and only get a statement from you after you've waived your rights to an attorney and against self-incrimination. Anything you say to police after your arrest but before you've been read your rights should be suppressed and not admitted as evidence against you.

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