Answer:
No. A Miranda violation may support excluding incriminating statements obtained during custodial questioning, but it does not automatically dismiss an OVI charge. Its significance depends on the statements and the remaining evidence.
A failure to give Miranda warnings does not automatically defeat an OVI charge. This video explains that the central consequence may be excluding incriminating statements made in response to custodial questioning.
Removing those statements can be important, depending on the case. It does not necessarily eliminate other evidence the government may use.
The attorney also discusses how an officer’s handling of rights may matter when presenting the defense to a jury. The issue should be evaluated in the context of the investigation and the evidence as a whole.
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Chase Mallory is incredible. He is wonderful to work with and knows exactly what to do to help his clients. Thank you from the bottom of my heart for all you've done for me. I highly recommend hiring Chase to help fight your battles. Bless you!
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Dan Sabol is probably the best attorney I've ever worked with. Very professional and worked hard to get the best results possible. He will be the first person I call if I need a lawyer again. If you find yourself in a sticky situation make sure you give him a ring.
- Christopher R.
I had the pleasure of working with Dan and Chase and I am very grateful!! They did amazing work to help me on my case. They are very helpful and get back with you in a timely manner whenever I had questions for them, which was very nice and reassuring.
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