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Dwi/Dui/ Is the police officer's failure to give me Miranda warnings fatal to the State's case?

Is the police officer's failure to give me Miranda warnings fatal to the State's case?

Not necessarily. The officer is only required to provide you with Miranda warnings when, and if, the following occurs:

1. You are in custody (the roadside investigation is rarely deemed to be custodial), and

2. You are being interrogated (ie. asked questions which are designed to illicit incriminating responses).

The remedy for Miranda violations is that the State is not allowed to introduce your answers/statements that were obtained by that violation in its case-in-chief. There is no automatic dismissal of the charges.

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