The Miranda warning serves as a reminder to individuals accused of the crime of their inherent right against self –incrimination and the right to remain silent not only during interrogations but in the trial of the case as well. This is the best DUI defense ever.
Accused has the right to counsel and the right to be represented by a lawyer of his or her own choice in court. In the event the accused fails to get a counsel, the court can appoint a public defender. It is a requirement that the police officers as well as the court to ask whether the accused driver fully understands his or her constitutional rights. If not, such right must be explained to him or her.The right to remain silent must always be reserved until the accused driver has conferred with the DUI defense lawyer. Any statement given by the accused after the Miranda warning is given is admissible in court as evidence. Also, it is important to remain calm once arrest is made; otherwise, the situation becomes intensified once the arrest individual becomes unruly. In such a situation, the best thing to do is to invoke the right to remain silent.
The right to written statements can also be exercised by the accused. Any document signed by the accused is equivalent to confession which is admissible in evidence and can be used against the accused. Always bear in mind to consult your DUI defense attorney before signing any written statements. Anything signed or statements verbally made can be twisted which later can be used as evidence against the accused in court. Better consult a lawyer or an attorney before you give any statement, written or verbal, to have the best DUI criminal defense.
It is always advised that the accused after release from the police custody to refrain from talking to anybody else even to members of the family, co-employees, friends or peers since they can be involved in the case and he or she can be called to testify as a witness against the accused. Instead, avail of the attorney-client privilege and speak freely with your lawyer.
In exercising the right to remain silent, the accused driver can simply state his or her intention to use this constitutional right without speaking about the accusations and explaining his or her innocence because this can be very damaging to the defense of the accused. Seeking the guidance of an expert lawyer for DUI defense is always important.
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