No Miranda Rights for DUI Cases?

July 24th, 2013 by DaytonDUI Leave a reply »

The United States Supreme Court.

There was a time when the Miranda Rights were not extended to drunk driving cases.

In State v. Pyle, 19 Ohio St. 2d 64, 48 Ohio Op. 2d 82, 249 N.E.2d 826 (1969) the Ohio Supreme Court reasoned that the rights guaranteed under the Supreme Court decision in Miranda v. Arizona did not apply to misdemeanor cases (like DUI).  The ostensible reason for this distinction was that the level of interrogation in a misdemeanor case is less intrusive and coercive than the rigorous interrogation in a felony case.  The United States Supreme Court disagreed.

The holding in Berkemer v. McCarty, 468 U.S. 420, 104 S.Ct. 3138, 82 L.Ed. 2d 317 (1984) expressly denounced the line of reasoning upholding State v. Pyle and extended Miranda protections to misdemeanor cases.  This was made a part of Ohio law in State v. Buchholz, 11 Ohio St. 3d 24, 462 N.E.2d 1222 (1984). Thus, Miranda protections were clearly extended to all misdemeanors in Ohio, including OVI cases.  If you need an attorney who will protect ALL of your rights including the protections provided by Miranda, please contact Charles M. Rowland II.

Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  Immediate help is available by filling out this CONTACT form.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitter updates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense.  You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

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