Can You Exercise Your Miranda Rights Before the Police Inform You of Your Rights?
Yes, you can and should exercise your right to remain silent when you are first stopped for DWI. In North Carolina, you must give your name and address and present your driver’s license if the police officer requests it. You should also get out of your vehicle if the police ask you to.
However, you are not required to answer the officer’s questions. When invoking your right to remain silent, you should do so politely and say something like:
- I am exercising my right to remain silent.
- I do not want to answer your questions until I talk to a lawyer.
What Happens if the Police Officer Fails to Give You Your Miranda Warnings?
Unfortunately, your case will not automatically be dismissed if law enforcement officials fail to give you your Miranda warnings. However, your criminal defense lawyer can file a motion to suppress evidence to exclude any statements you made after the police were required to advise you of your Miranda rights.
If your statements or confession are ruled inadmissible by the judge, this could weaken the prosecutor’s case against you. This might help your attorney obtain a favorable plea bargain for you or win your case at trial if you have other strong defenses to the DWI charges you face.
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