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05Mar 2021

A Fine Point About Your Right To Remain Silent

If you are summoned to the police station to be questioned by the police, you will almost certainly be read your Miranda rights before the questioning begins. These are the familiar "You have the right to remain silent" rights. Everything is pretty clear-cut when it comes to Miranda rights and official interrogation settings. If the police do not read you your rights before an official...

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05Mar 2021

DUI: Back to the Basics

It is important to remember a few things if you are ever stopped or interrogated for suspicion of DUI. It is easy in a moment of panic or pressure to not keep a level head and forget some of your basic rights. Remember, the police want you to talk as much as possible, so keep cool! The most important basic to remember is to remain silent....

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13Jan 2021

Burden Of Proof In Breathalyzer Test Refusal

An interesting appeal happened recently in New Jersey, regarding the burden of proof needed to enforce a suspect to complete a breathalyzer test on suspicion of DUI. A woman had hit the side of a car stopped at a stop light. The responding officer notices that her speech was slurred and her eyes were glassy. She was unable to complete field sobriety tests and refused to take a breathalyzer. She...

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23Oct 2020

Remaining Silent After Being Pulled Over For A DUI

Many people think that if you answer a police officer's questions after being pulled over for suspicion of DUI but before being arrested, the answers can be thrown out because you have not been read your Miranda rights. This, unfortunately is not the case. Everyone knows that once you have been read your Miranda rights, anything you say can and will be, etc., etc., etc. What many people don't realize...

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23Oct 2020

Can I Get A DUI Conviction Removed From My Record?

A conviction by a court is a permanent record of guilt. If you are convicted of a crime in a courthouse in the United States it is forever a testament to the world that you have, indeed, committed a crime. That being said, in some states you have have a conviction "expunged." What does that mean? In some states, once a person has successfully completed the terms of probation, they...

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