I recently spoke with a gentleman in a Metro Altanta DUI Court who was woefully misinformed.  As he complained that our country was going to Hades in a Handbasket, he suggested that we replace the Constitution that has served this Country for over 200 years with his Common Sense rule.  Everybody still gets a trial he told me, due process you know, but nobody gets there case thrown out because of Miranda.  I thought to ask him if he understood Miranda, but soon realized that this would be on par with flogging a dead equine.  In reality no one's "case" gets thrown out because they weren't read Miranda rights.  Miranda rights serve to exclude statements made to police in response to police questioning after arrest for those who have not been read their Miranda Rights, i.e., you have the right to remain silent, if you talk or answer questions it will be used against you at trial, you have a right to an attorney.  That's it. Spontaneous statements are not included in the Miranda Rule.  No one's case gets thrown out because they weren't read Miranda unless their is no case in the first place.  Typically, the police have to have reasonably competent evidence of a crime or probable cause before they arrest you anyway.   Finally, don't confuse Miranda rights with DUI rights or Georgia Implied Consent.  With the Georgia DUI Implied Consent rights, Miranda does not apply.  You can not remain silent.  You have to answer their questions about taking the state administered chemical test in Georgia.  If you remain silent, Georgia DUI Appellate Courts deem that a refusal and you can lose your license for a minimum of one year.  There is a DUI exception to the Constitution in Georgia Courts in almost every regard. 

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