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In a recent DUI case in Arizona, charges were dropped due to the improper reading of the DUI defendant's Miranda Rights. The case, State vs. Gaona, arose when the defendant was arrested in Phoenix for a DUI. After being stopped for a license plate violation and then submitting to a field sobriety test, as well as an eye test which the arresting officer was not certified to perform, Gaona was arrested without being told that he had the right to an attorney. The failure to adhere to this standard procedure is a clear violation of rights.
Miranda Rights, which are based on the Fifth Amendment to the U.S. Constitution, are meant to protect individuals from making self-incriminating statements. By exercising the right to remain silent, or the right to an attorney, an individual can avoid providing evidence against themselves.
Under federal law, it is required that these rights be read to anyone who is arrested for a criminal offense. Without notifying an individual of these rights, any statements or confessions made in the case will have to be dismissed from trial. This is why in the case of State vs. Gaona, attorneys were able to convince a judge to dismiss the DUI charge.
Virginia DUI Lawyer Bob Battle has the experience and ability to help his clients use these errors to mount a successful DUI defense. To learn more about Virginia DUI, get a free copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia. Or, contact 804-673-5600 to schedule your legal consultation today.
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