However, there are some fine lines you need to be aware of. When you are first pulled over, the police may ask you questions or even ask you to perform a field sobriety test without reading you your Miranda rights. The Police may also arrest you without reading you your Miranda rights. However, before they question or interrogate you, once you have been arrested they must read you your Miranda Rights.
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
These are your Fifth Amendment constitutional rights. Use them. Remain silent. Do not answer any questions without an attorney even if you truly believe it could help your case.
However, it is extremely important to note if an officer asks you to do something you must comply. For example, if an officer asks for your driver’s license or proof of insurance then you must give it to them.
Once you have been read your Miranda Rights, you waive them through speaking to police without an attorney present. Waiver requires your consent to be voluntary, knowing, and intelligent. The good news is, if you wish to stop answering questions and wait for an attorney after you initially waived your Miranda Rights, it is perfectly okay to do so under your 5th Amendment Right.
If your Miranda rights were violated, it is a legal defense to some evidence collected in an OVI. It will not result in a complete dismissal of the charges against you. It will make the prosecution’s case harder. Before you were interrogated anything incriminating you said, even though your rights had not been read to you yet, does not constitute a violation. Ohio law provides that officers must read Miranda Rights to defendants as part of the litany read prior to BAC testing. Failure to read Miranda Rights may cause the Administrative License Suspension to be overturned.
Examples of violations could include:
If an officer does not read you your rights then the statements made are not admissible in Court.
You cannot simply remain silent if you want authorities to stop questioning you. Instead, you must say, out loud, “I wish to remain silent” or “I am requesting legal counsel.” Then, authorities must immediately stop questioning you while you are in custody.
Imagine this. You’ve been out to dinner without a friend and had a few drinks. You decide to get behind the wheel and drive home. Halfway there you get pulled over. The officer approaches your car, smells the alcohol and arrests you.
Officer: “I can smell the alcohol on your breath so let’s make both our nights easier. Just confess it all. How many drinks have you had tonight?”
Defendant:
Officer: “Ok. Well, we have eyewitnesses that say you were drinking.”
Defendant: “I would like a lawyer.”
Officer: “Come on. It is so late and we both know the truth. Just tell me how many drinks and I’ll work with you.”
In this example, the Defendant remained silent and asked for an attorney. This is exactly what you should do. Remain silent and call us.
Kelly Farrish always knew he wanted to be an attorney, but he the path he took to get there isn’t like most. He served five years in the United States Air Force and did two voluntary years in South Vietnam. When he returned to Cincinnati, he worked the midnight shift as a technician at Cincinnati Bell, all the while attending college full time year round for three years. He graduated Cum Laude from the University of Cincinnati. [ ATTORNEY BIO ]