Will My DUI Case Be Dismissed If I Was Not Read My Miranda Rights? (California Vehicle Code 23152)

In general, DUI and traffic stops based on reasonable suspicion do not require the reading of Miranda warnings because the suspect is not considered to be "in custody" for the purposes of Miranda. However, before law enforcement questions you during a custodial interrogation, he or she must read you your Miranda rights. If you are not given Miranda warning, it is likely any statements made to the police will be…

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Are My Field Sobriety Test Results Invalid If They Were Conducted On A Hill?

An officer must explain and conduct field sobriety tests with strict compliance as to the location of the field sobriety tests, the instructions given and the performance evaluation. For field sobriety tests to be valid and admissible there are certain requirements that an officer must follow. For example, if the area where the field sobriety tests were administered was not on a level surface, the results may not accurately measure…

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