Grundy, VA asked in Criminal Law, DUI / DWI, Civil Rights and Constitutional Law for Kentucky

Q: In Kentucky if you are arrested and placed in handcuffs and took to jail and you weren't read your rights what can you d

2 Lawyer Answers
Timothy Denison
Timothy Denison
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Nothing. They will say they read to you and the court will believe them.

A: If you satisfactorily prove that you were not read your Miranda rights, any statement you may have made to police after you were arrested ought to be excluded from evidence at your trial. It does not affect the lawfulness of your arrest or whether you will be found guilty based on other evidence presented at your trial.

Usually, DUI/DWI cases turn on evidence like the results of breath or blood alcohol tests, a videotape of the defendant, and the police officer's description of the way you were driving before being pulled over. Sometimes, a defendant can successfully exclude the audio portion of the videotape if they were not read their Miranda rights. Typically, a police officer reads the defendant their Miranda rights on the videotape itself before asking the defendant any questions.

Your attorney should obtain and review the videotape with you, along with any the results of breath or blood alcohol tests.

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