Posts Tagged Miranda Rights
On the anniversary of the Supreme Court’s landmark opinion Miranda v. Arizona, I thought it would be appropriate to address one of the most frequently asked questions that we encounter at Oberman & Rice: The officer did not read me my Miranda rights; what are the consequences of this omission? Unfortunately, all too often I have to explain to a client charged with a Tennessee DUI that the failure of the arresting officer to advise him of his Miranda rights will essentially have no impact on his case.
Why? Although popular culture has made Miranda a household word, movies and television shows do not fairly depict the complexity of when Miranda applies or the remedy available when Miranda is not explained to a criminal defendant. Generally, the prosecution cannot use statements made by a suspect during a custodial interrogation unless it first demonstrates the use of procedural safeguards to secure the privilege against self-incrimination (Miranda rights). At issue most often is the definition of “custodial interrogation.” You should consult an experienced attorney to determine whether the statements you made were pursuant to a custodial interrogation. If so, your lawyer may be able to keep the prosecution from using those statements against you in court (also known as suppression of evidence).
Yesterday we addressed one category of DUI anomalies–driving unusual vehicles under the influence–but today we address a different type of anomaly, that of the self-reported DUI offense. According to an article from AOL yesterday, a Wisconsin woman reported herself to the authorities for driving under the influence.
Her motivation for doing so is not entirely clear, whether it was a moralistic admission of guilt, unusual behavior provoked by intoxication, or a combination of both.
Reporting one’s own DUI is a surefire way of being charged with the offense and therefore of dealing with it through the court system. Sometimes it is best to pull over in a safe area, take the key out of the ignition and place it outside the vehicle, then call a friend or family member to come get you and/or the car. Naturally, however, the most responsible option is to avoid driving under the influence altogether.
For more information about the crime of DUI in Tennessee and its consequences, feel free to contact The Oberman Law Firm at (865) 249-7200.