Another reason why excluding post-arrest statements may not put a big dent
Another reason why excluding post-arrest statements may not put a big dent in the prosecutions case is that appellate courts have ruled that the initial contact between a police officer and a driver subjected to a DUI stop is not an arrest. Defendants generally make their most damaging statements early on in their contact with the police; for example, telling an officer how much they had to drink. Because defendants generally make the most damaging statements early on, during the investigation rather than the arrest phase of the DUI stop, and because the most damaging evidence is usually the blood or breath tests, not the defendants statements, excluding evidence based on a failure to advise a defendant of his Miranda rights is rarely the key to winning a DUI case in San Diego. sandiego dui defence lawyer can help you win your DUI case.
