Prosecutors rely on several sources of evidence for DUI cases. Police dashboard video and audio are admissible both before and after an arrest is made. Statements and responses to questions made before an arrest are generally admissible in their entirety.
An officer may not read the Miranda Rights immediately at time of arrest. However, they must read the Miranda Rights before they can ask specific investigative questions after an arrest has been made. Due to a June 2010 Supreme Court ruling a suspect must make a clear statement invoking their right to silence and an attorney. Accordingly to the Supreme Court's ruling, statements such as "I may need a lawyer" or "I'm not sure I should answer that" do not necessarily invoke a suspect's right. Police do not have to advise you that a more direct statement is required and may continue investigative questioning.
If you feel the Police questioned you improperly, contact the Law Offices of Richard S Lawson to ensure your rights are protected.
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