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If the officer failed to advise me of my Miranda rights, will my DUI case be dismissed?
A: No.
Until the officer places you under arrest --- or tells you that you are not free to leave (i.e., you are "in custody") --- Miranda rights do not attach.
However, failure to administer Miranda warnings only prevents your post-custodial or post-arrest statements from being admitted into evidence.
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Law Chambers of Anton J. Stelly
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Richmond, Virginia 23230-1276
Phone: (804) 726-4778
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