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State representative could get reprieve from DUI

A state representative could be cleared of drunk driving charges because the officers who arrested him did not follow protocol. The man, a South Carolina Democrat, was not read his Miranda rights as the officers arrested him. That practice is required by state law. As a result, the man's DUI charges could be summarily dismissed in the very near future.

Authorities report the man was arrested in mid-May after he was seen stumbling into a parking garage near the statehouse. The representative was allegedly intoxicated behind the wheel when he got into his truck and struck a traffic cone inside the garage.

A video tape of the man's arrest confirms he was not read his Miranda rights before he was taken into custody. Officers say they read the man his rights while the camera was off. They claim the man's Miranda rights were not captured on film because of a tussle with the defendant, but the man's attorneys allege the statements were never made. Miranda rights are listed for each person who is arrested in the United States. This statement was created to help defendants understand more about their legal rights.

Attorneys in the case argue the defendant was never read his Miranda rights on camera. The tape lasts for a full 45 minutes; officers definitely had enough time to make the statements during that period. Furthermore, it is not clear whether the officers had enough evidence to pull the man over in the first place. His attorneys explain that he was stumbling toward his car because he had a rock in his shoe.

If you believe you have been treated unfairly in your criminal DUI case, consider seeking the assistance of a qualified criminal defense attorney. These professionals can help you learn more about your rights and responsibilities, allowing you to maximize the outcome of your drunk-driving case.


Source: 
www.thestate.com, "Vick seeks dismissal of DUI charge on technicality" Andrew Shain, Jun. 26, 2013

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