Legal Question in Traffic Law in Ohio
O.V.I.
I refused the field sobriety test and the breathalyzer. However, my Miranda rights were not read to me. With that said, do I have a defense?
Asked on 8/27/07, 2:25 pm
1 Answer from Attorneys
Bradley Miller
Miller Law LLC
Re: O.V.I.
You may have a defense to the OVI charge. When arrested, the police are required to read your Miranda rights to you. Failure to do so can make the arrest invalid as well as any evidence subsequently collected.
You will still likely lose your license for refusing to take the breathalyzer however.
If you have any further questions or would like to discuss your situation and the options available, feel free to call or email me.
Answered on 8/27/07, 3:10 pm
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