If Im arrested for dui l, am I suppose to be read the maranda rights
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If Im arrested for dui l, am I suppose to be read the maranda rights
Car went over an embankment and was in the
process of calling a tow truck but a cop pulled
up and asked was I ok and did I need help. I
told her I didnt need her assistance and that
Im calling for a tow truck. Minutes later two
cops pull up and 1 comes and asked what
happened I told them what happened and that I
didnt need there assistance. He asked for my
license and stepped away. The other cop
asked me what happened and I told him to ask
his partner I just told him. 1st cop that came to
car said step out and started interrogating me
after I told them I didnt need them out of fear
of being a black man I stepped out of the car
and answered questions. I was asked to do a
field sobriety test and told them I was in a prior
accident where I was rear ended and
substained injuries to my back, neck, and left
wrist. He asked was I willing to do the test and I
responded with I can and he said he needed a
yes or no so I told him I can and that Im not
willing to do anything and he put me under
arrest. Did he suppose to read me my rights
and can the video be used against me in court.
They dont have the video when they 1st came
to the car
Asked on January 11, 2019 under Criminal Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The Miranda warning only needs to be read if you are taken into custody and then questioned. If you are questioned before an arrest, that is allowed. If you are questioned after you are arrested, then any incriminating statements that you may have make cannot be ised against you if you were not read your rights. That having been said, asking questions relating to your booking is permitted such as your name and addres.
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