Miranda Rights
Another exception is the confusion over conflicting legal rights associated
with Miranda rights and the implied consent statute. The Miranda advertisement
notifies defendants of their constitutional rights, most notably, the
right to an attorney and the right against self-incrimination; on the
other hand, the implied consent statute constitutes a waive of these rights.
For example, few motorists know there is no constitutional right to have
an attorney present when a breath test is administered. Thus, defense
counsel could argue that the officer has a legal obligation to inform
the motorist about this limited right.
Posted By
Douglas Pharr
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