We get asked by clients quite frequently whether or not the fact that they were not read Miranda can throw their case out. Although reading of Miranda rights is not necessary that every roadside stop, in the case of State v. O’Donnell, the facts clearly establish that the defendant was under arrest before the police began questioning him and ordering him to perform field sobriety tests. The custodial statements were inadmissible because of the Miranda violation. The results of the field sobriety test were properly suppressed pursuant to OCGA 24-9-20 a. State v. O’Donnell 225 Ga. App. 50 2484 S.E.2d 313 (1997). That code section, the statutory prohibition on compelled self-incrimination, applies to more than simply testimonial evidence. It also implies the compelled production of evidence i.e. the compulsion to do an act. See creamer v. State 229 Ga. 511, 192 S.E.2d 350 (1972). Although the law gives wide latitude to police officers in a DUI stop there can be possibly a violation of Miranda. Some newer case law makes it harder to keep out those custodial statements but that is for another blog post. Contact Howard and Arca

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